Russel v. Chambers
Supreme Court of Georgia
Intruders. Before Judge Robinson. Laurens Superior Court. April Term, 1871. Mrs. Russel made affidavit that Chambers was in the posession of five acres of land, in Irwinton, to which she, bona fide, claimed the right of possession, that Chambers did not bona ficle claim a right to such possession, and procured a warrant to eject him therefrom.
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Intruders. Before Judge Robinson. Laurens Superior Court. April Term, 1871. Mrs. Russel made affidavit that Chambers was in the posession of five acres of land, in Irwinton, to which she, bona fide, claimed the right of possession, that Chambers did not bona ficle claim a right to such possession, and procured a warrant to eject him therefrom. Chambers made affidavit that he did, in good faith, claim a legal right to said possession, and the papers were returned to Court for trial of that issue. Plaintiff’s counsel introduced evidence to show title in one Cochran, that Mrs. Russel was in…
1Opinion of the Court
Warner, Judge.
This was a proceeding instituted to remove an intruder, under the provisions of the 4000th section of the code. The defendant filed a counter-affidavit, and upon the issue thus formed the case came on for trial in the Superior Court. The j ury found a verdict for the defendant. A motion was made for a new trial, on several grounds, which was overruled by the Court, and the defendant excepted.
Erom the facts disclosed by the record, there was no error in overruling the motion for a new trial in this case. The defendant claimed the possession of the premises, in good faith, under a…
2Cited by3 opinions
- Lane v. WilliamsSupreme Court of Georgia · 1901
- Coffey v. PaceSupreme Court of Georgia · 1898
- Sims v. MerrittCourt of Appeals of Georgia · 2004