Ivey v. Hammock
Supreme Court of Georgia
Possessory Warrants. Partnership. Before Judge WILLIS. Marion Superior Court. October Term, 1881. Hammock sued out a possessory warrant before a justice of the peace, against E. J. & J. J: Ivey, for the recovery of a steam saw-mill, which had been in the legal and peaceable possession of the plaintiff.
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Possessory Warrants. Partnership. Before Judge WILLIS. Marion Superior Court. October Term, 1881. Hammock sued out a possessory warrant before a justice of the peace, against E. J. & J. J: Ivey, for the recovery of a steam saw-mill, which had been in the legal and peaceable possession of the plaintiff. On the trial before the justice, plaintiff testified substantially as follows : He had been recently in the quiet and peaceable possession of a certain steam saw-mill and fixtures belonging to said saw-mill; he was in possession of said property under a rent contract from defendants, for the…
1Opinion of the Court
Jackson, Chief Justice.
This case arises on a possessory warrant brought by the defendant in error against the plaintiffs in error to recover *430possession of a steam saw-mill, which the latter took from the former fraudulently and without lawful warrant and authority. The justice of the peace remanded the mill to the possession of the defendant in error, and on certiorari the superior court affirmed the judgment, and ;the plaintiffs in error excepted.
1. The mill was in the peaceable and legally acquired -possession of the defendant in error, when in his absence to procure counsel, on the false…
2Cases cited1 opinion
- Mills v. GloverSupreme Court of Georgia · 1857
3Cited by2 opinions
- Elrod v. EdwardsCourt of Appeals of Georgia · 1930
- Hogan v. O'DellCourt of Appeals of Georgia · 1928