Tidwell v. Garrick
Supreme Court of Georgia
Complaint for land. Before Judge Revill (of the city court of Greenville). Meriwether superior court. November 15, 1918. Claudia Tidwell as sole heir at law of J. A. J. Tidwell, deceased, instituted an action against George W. Garrick.
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Complaint for land. Before Judge Revill (of the city court of Greenville). Meriwether superior court. November 15, 1918. Claudia Tidwell as sole heir at law of J. A. J. Tidwell, deceased, instituted an action against George W. Garrick. The petition alleged, that J. A. J. Tidwell died seized and possessed of a described tract of land of which the defendant was in possession, having entered as the tenant of J. A. J. Tidwell, since deceased; and that, although the plaintiff was owner of the land as sole heir at law of J. A. J. Tidwell, his estate having been administered and all of his debts…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) Whether the petition sets out two technical counts, or whether the alleged second count is merely an amendment to the original petition, is unimportant. The original petition separately and distinctly from the amendment, or second count, was a suit to recover rents from an alleged tenant, and did not seek to recover the land. By the defendant’s answer title to the land was put in issue and the suit was converted into an action for land. The amendment to the petition, or second count, sought, in effect, to recover the land, and the issues as finally…
2Cases cited3 opinions
- Kramer v. SpradlinSupreme Court of Georgia · 1919
- Johnson v. ChampionSupreme Court of Georgia · 1892
- Willis v. BonnerSupreme Court of Georgia · 1911
3Cited by22 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Garrick v. TidwellSupreme Court of Georgia · 1921
- R. T. Patterson Funeral Home, Inc. v. HeadCourt of Appeals of Georgia · 1994
- Mickle v. MooreSupreme Court of Georgia · 1941
- Hardin v. CouncilSupreme Court of Georgia · 1946
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