Wilborn v. M. Whitfield's Executors
Supreme Court of Georgia
Ejectment. Evidence. Before Judge Robinson. Jasper Superior Court. October Term, 1870. This was ejectment in favor of tbe executors of Matthew Whitfield against S. J. Wilborn, tenant. The declaration was in the “Jack Jones” form, and had attached to it a copy of a deed to the premises in dispute, made on the 1st of January, 1863, by “ James O. and John L. Robinson, trustees of Martha A. Wilborn,” to said Whitfield.
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Ejectment. Evidence. Before Judge Robinson. Jasper Superior Court. October Term, 1870. This was ejectment in favor of tbe executors of Matthew Whitfield against S. J. Wilborn, tenant. The declaration was in the “Jack Jones” form, and had attached to it a copy of a deed to the premises in dispute, made on the 1st of January, 1863, by “ James O. and John L. Robinson, trustees of Martha A. Wilborn,” to said Whitfield. The suit was begun in 1869. On the trial James C. Robinson testified that his father owned the land in his lifetime, that defendant was in possession when this suit was begun, and…
1Opinion of the Court
Warner, Judge.
This was an action brought by the executors of Whitfield against the defendant, under the statute, to recover the possession of a tract of laud in Jasper county. The plaintiff proved that the defendant was in possession of the land, and that he rented it from Whitfield in the .year 1864; also proved the value of the yearly rent of the land, and that the premises in dispute was a part of the land which witness’ father, Robinson, owned in his lifetime. On cross-examination, the plaintiff’s witness stated that the defendant went into possession of the land in 1858, and had been in…
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