Legal Opinion

Tucker v. Harris

Supreme Court of Georgia

Decided February 15, 1853No. 1PublishedCited by 46 opinions

Ejectment, in Meriwether Superior Court. Tried before Judge I-Iill. August Term, 1852. This action was brought by the defendant against the plaintiff in error for the recovery.of lot of land number 112, in the seventh district of Meriwether County. Several demises were laid in the declaration ; both parties, however, claimed title through one Howell W. Jenkins.

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Ejectment, in Meriwether Superior Court. Tried before Judge I-Iill. August Term, 1852. This action was brought by the defendant against the plaintiff in error for the recovery.of lot of land number 112, in the seventh district of Meriwether County. Several demises were laid in the declaration ; both parties, however, claimed title through one Howell W. Jenkins. On the trial, plaintiff read in evidence the grant from the State of Georgia to Stephen -Harris, dated 21st day of February, 1828, to the lot of land in dispute, and closed his case. The defendant then read in .evidence a deed from…

1Opinion of the Court

By the Court.

Lumpkin J.

delivering the opinion.

As both plaintiff and defendant claim from Howell W. Jenkins, it is unnecessary to trace the title to the land in dispute back of him. Jenkins sold the lot in his life-time to John Burke, one of the defendants in ejectment, by deed bearing date the 9th of June, 1829, 'but not recorded until the 15th day of February, 1840. After the death of Jenkins, the lot was again sold by Daniel S. Robertson, his administrator, and a deed was executed to Samuel Darden, the lessor of the ' plaintiff, on the 7th of August, 1838, which last deed was recorded the…

2Cases cited17 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Mills v. DuryeeSupreme Court of the United States · 1813
  3. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  4. Griffith v. FrazierSupreme Court of the United States · 1814
  5. Kane v. PaulSupreme Court of the United States · 1840

12 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
  2. Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
  3. Walker County Fertilizer Co. v. NapierSupreme Court of Georgia · 1937
  4. Strickland v. GallowayCourt of Appeals of Georgia · 1965
  5. Strickland v. GallowayCourt of Appeals of Georgia · 1965

41 more not listed; retrieve them via the Exa API.

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