Daniel v. Radford

1. While nothing can be recovered in a distress warrant proceeding unless the relation of landlord and tenant exists between the plaintiff and the defendant (Long v. Clark, 16 Ga. App. 355, 85 S. E. 358; Bonds v. Brown, 133 Ga. 451, 66 S. E. 156), yet “when title is shown in the plaintiff and occupation by the defendant, an obligation to pay rent is generally implied.” Oivil Code (1910), § 3692.

2. Upon the trial of this case the undisputed evidence disclosed that the title to, and the right of possession of, the land in question was in the plaintiff, and that the defendant occupied it and…