Bell v. Chandler
Supreme Court of Georgia
Ejectment, in Carroll Superior Court. Tried before Judge Hammond, April Term, 1857. This was an action of ejectment brought by Doe ex dem. of John Buchanan and James Bell, against Roe, casual ejector, and Lindsey Chandler tenant in possession, for the recovery of lot of land No. 224, in the county of Carroll. Plaintiff proved title in his lessors, the possession of defendant of the premises in dispute, and closed.
Read the full summary
Ejectment, in Carroll Superior Court. Tried before Judge Hammond, April Term, 1857. This was an action of ejectment brought by Doe ex dem. of John Buchanan and James Bell, against Roe, casual ejector, and Lindsey Chandler tenant in possession, for the recovery of lot of land No. 224, in the county of Carroll. Plaintiff proved title in his lessors, the possession of defendant of the premises in dispute, and closed. Defendant offered in evidence a Sheriff’s deed, dated 1st March, 1842, of the land in controversy, to F. D. Bowen, purporting to be a conveyance in pursuance of a sale of said land,…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The only foundation laid for the introduction of secondary evidence of the was the notice to produce the fi.fa.
What the answer to that notice was, does not appear. The paper called for, ivas a fi fa. It was a paper, therefore, which, it is to be presumed, was not in the possession of the party notified to produce it; but where it belonged, in the Clerk’s office. It is not to be presumed, therefore, that the answer admitted the fi.fa. to be in the possession of the answering party.
[1.] This being so, we think that the foundation for secondary…
2Cited by7 opinions
- Middlebrooks v. CabanissSupreme Court of Georgia · 1942
- Bertha Mineral Co. v. BuieCourt of Appeals of Georgia · 1921
- Berry v. Van HiseSupreme Court of Georgia · 1910
- M. H. Hardison v. John J. McCrearyCourt of Appeals for the Fifth Circuit · 1962
- Mayor and Council of Millen v. ClarkSupreme Court of Georgia · 1941
2 more not listed; retrieve them via the Exa API.