Doe ex dem. Clayton v. Roe
Supreme Court of Georgia
Ejectment. Motion for new trial. Decided by Judge Irwin. Dougherty Superior Court. December Adjourned Term, 1866. This was an action of ejectment, for a quarter of an acre of land, on Broad street, Albany, to-wit: lot number twenty, being part of original land lot number three hundred and twenty-three, in the first section of Dougherty county, on the several demises of Philip P. Clayton, Peter W. Turthy, as administrator of Augustus R. Rugg, James H. Bishop and Curtis R.…
Read the full summary
Ejectment. Motion for new trial. Decided by Judge Irwin. Dougherty Superior Court. December Adjourned Term, 1866. This was an action of ejectment, for a quarter of an acre of land, on Broad street, Albany, to-wit: lot number twenty, being part of original land lot number three hundred and twenty-three, in the first section of Dougherty county, on the several demises of Philip P. Clayton, Peter W. Turthy, as administrator of Augustus R. Rugg, James H. Bishop and Curtis R. Parsons, partners under the style of Bishop & Parsons, and Nelson Tift. The tenant, Palfus, was admitted to be in…
1Opinion of the CourtWalker, J.
1. The Judge instructed the jury “that a decree is evidence of the recitals therein between the parties thereto as though they were contained in a deed, and binding on the parties in the same way; and when relied on as a link in a chain of title, it must be considered as though it were a deed.” We see no error in this; it is substantially what is contained in Sec. 4119 of the Code. As there was no evidence showing any title in Rugg, either by possession or otherwise, we do not see that it was very material whether the record of the case of Bishop & Parsons vs. Rugg’s administrator, was…
2Cited by2 opinions
- Trust Co. v. MobleyCourt of Appeals of Georgia · 1929
- Banks v. Sloat, Bussell & Co.Supreme Court of Georgia · 1883