Brooks v. Rooney
Supreme Court of Georgia
Ejectment, in Muscogee Superior Court. Tried before Judge Powers, at November'Term, 1852. The heirs at law of Martin Brooks, deceased, brought suit for a lot of land in Muscogee County. The defendants claimed under a Sheriff’s sale of the land, as the property of Martin Brooks.
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Ejectment, in Muscogee Superior Court. Tried before Judge Powers, at November'Term, 1852. The heirs at law of Martin Brooks, deceased, brought suit for a lot of land in Muscogee County. The defendants claimed under a Sheriff’s sale of the land, as the property of Martin Brooks. The defendants on the trial offered in evidence a deed made by John C. Mangham, as Sheriff, reciting that by virtue of a fi. fa. issued from the Inferior Court of said County, (of Muscogee) at the suit of James C. Leonard against Martin Brooks, he had lately seized, (this tract of land,) and after being advertised…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was an action of ejectment, brought by the heirs at law of Martin Brooks, deceased, to recover lot No. 134, in the City of Columbus. The plaintiffs proved on the trial, that they were the children and only heirs of the decedent, ivho died in possession of the premises in dispute, and who had lived thereon for several years previous to his death; that the rent of the lot was worth $100 per annum, and that the defendants were in possession at the time the suit was instituted.
[1.] The testimony being closed on the part of the plaintiffs, the…
2Cases cited4 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Hamilton v. ShrewsburyCourt of Appeals of Virginia · 1826
- Lisbon v. BowSuperior Court of New Hampshire · 1839
3Cited by37 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Conley v. RedwineSupreme Court of Georgia · 1900
- Marshall v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1919
- Burton v. KippMontana Supreme Court · 1904
- Morris v. DavisSupreme Court of Georgia · 1886
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