Cassidy v. Clark
Supreme Court of Georgia
Husband and wife. Actions. Before Judge Tompkins. Chatham Superior Court.' October Term, 1878. . Cassidy, administrator of Mary E. Shaffer, proceeded by possessory warrant to evict Clark, as a tenant by sufferance, írom a certain described lot. Defendant filed a counter-•affidavit. The facts sufficiently appear from the head-note. ■On the trial the jury found for the plaintiff. Defendant moved for a new trial.
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Husband and wife. Actions. Before Judge Tompkins. Chatham Superior Court.' October Term, 1878. . Cassidy, administrator of Mary E. Shaffer, proceeded by possessory warrant to evict Clark, as a tenant by sufferance, írom a certain described lot. Defendant filed a counter-•affidavit. The facts sufficiently appear from the head-note. ■On the trial the jury found for the plaintiff. Defendant moved for a new trial. The court granted it on the ground that possessory warrant was not the proper remedy, under the facts. Plaintiff excepted.
1Opinion of the Court
•Jackson, Justice.
The superior court held that the question involved in this case is one of title, and that the remedy is ejectment, and not warrant to dispossess the defendant under section 4077 of the Code and the following sections. The defendant was in possession with his wife, as he claimed, when she died. If she was his lawful wife, he was entitled to hold as her heir. He contended that they were lawfully married in 1866, and lived' together in this house until her death in 1876. Her administrator claimed that they were not lawfully man and wife, and that was the issue. We think,…
2Cited by9 opinions
- Griffeth v. WilmoreCourt of Appeals of Georgia · 1932
- Watson v. ToliverSupreme Court of Georgia · 1897
- Miller v. HavensMichigan Supreme Court · 1883
- Mayo v. OwenSupreme Court of Georgia · 1951
- Pernell v. Southall RealtyDistrict of Columbia Court of Appeals · 1972
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