Fletcher v. Fletcher
Supreme Court of Georgia
Eviction. Before Judge Roberts. Irwin superior court. December 31, 1904. • Joe Fletcher made affidavit before a justice of the peace, that he was the owner of a described parcel of land; that he had rented the same to George H. Fletcher for the year 1901; that the term had expired, and he desired possession; that George H. Fletcher and one David Christmas were holding possession as tenants holding over; and that he had demanded possession of each of them since the…
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Eviction. Before Judge Roberts. Irwin superior court. December 31, 1904. • Joe Fletcher made affidavit before a justice of the peace, that he was the owner of a described parcel of land; that he had rented the same to George H. Fletcher for the year 1901; that the term had expired, and he desired possession; that George H. Fletcher and one David Christmas were holding possession as tenants holding over; and that he had demanded possession of each of them since the expiration- of the term, and they had refused to deliver possession to him. • The affidavit was amended by adding an averment that…
1Opinion of the CourtCobb, J.
1. When a tenant, either with or without the consent of the landlord, sublets the premises and places the subtenant in possession, and the latter, claiming only under the tenant, remains in possession after the term has expired, such possession is a holding over of the tenant, and authorizes a proceeding by the landlord against the tenant as a tenant holding over. A tenant holding over is liable for double rent, and he can not *472evade this liability by so arranging the possession that the same is not actually in him, but in another claiming under him. The landlord is permitted, under certain…
2Cases cited2 opinions
- Hudson v. StewartSupreme Court of Georgia · 1900
- Grizzard v. RobertsSupreme Court of Georgia · 1900
3Cited by7 opinions
- Cuesta v. GoldsmithCourt of Appeals of Georgia · 1907
- Virginia Highland Associates v. AllenCourt of Appeals of Georgia · 1985
- Boyd v. KinzySupreme Court of Georgia · 1907
- Ehrlich v. TeagueSupreme Court of Georgia · 1952
- Shell Petroleum Corp. v. StallingsCourt of Appeals of Georgia · 1935
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