Legal Opinion
Ihlanfeldt v. Courtney
Court of Appeals of Georgia
Decided June 18, 1974No. 49278PublishedCited by 3 opinions
1Opinion of the Court
Clark, Judge.
1. "A dispossessory warrant will not lie unless the relation of landlord and tenant exists.” Allen v. Allen, 154 Ga. 581 (1) (115 SE 17); Collier, Inc. v. Buice, 36 Ga. App. 198 (3) (136 SE 287); Stephenson v. Kellett, 46 Ga. App. 27 (1) (166 SE 457).
2. "[I]n order for the relation of landlord and tenant to exist between the owner of the property and a subtenant, some affirmative action must be had by the landlord showing that he elected to treat the subtenant as his tenant. It is not sufficient that the landlord has knowledge and makes no objection.” Hudson v. Stewart, 110 Ga.…
2Cases cited5 opinions
- Hudson v. StewartSupreme Court of Georgia · 1900
- Allen v. AllenSupreme Court of Georgia · 1922
- Collier Inc. v. BuiceCourt of Appeals of Georgia · 1926
- Arnold v. SelmanCourt of Appeals of Georgia · 1951
- Stephenson v. KellettCourt of Appeals of Georgia · 1932
3Cited by3 opinions
- Louise Parrott, Individually and in Her Official Capacity as Administratrix of the Estate of Jeffrey Parrott, Deceased v. Max v. Wilson, Etc.Court of Appeals for the Eleventh Circuit · 1983
- Regional Pacesetters, Inc. v. Halpern Enterprises, Inc.Court of Appeals of Georgia · 1983
- Splish Splash Waterslides, Inc. v. Cherokee InsuranceCourt of Appeals of Georgia · 1983