Welch v. Butler
Supreme Court of Georgia
Ejectment, from Baker. Tried before Judge Allen. November Term, 1857. This was an action of ejectment by John Doe, on the several demises of Joseph Butler, and Augustus S. Jones, against Richard Roe, casual ejector, and Franklin O. Welch, tenant in possession, for the recovery of lot of land, No. 157, in the 9th district of Baker eounty. The case, by consent, was transferred to the appeal.
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Ejectment, from Baker. Tried before Judge Allen. November Term, 1857. This was an action of ejectment by John Doe, on the several demises of Joseph Butler, and Augustus S. Jones, against Richard Roe, casual ejector, and Franklin O. Welch, tenant in possession, for the recovery of lot of land, No. 157, in the 9th district of Baker eounty. The case, by consent, was transferred to the appeal. On the trial the plaintiff offered and read in evidence, the grant from the State of Georgia to Joseph Butler,for the lot of land in controversy, dated 27th January, 1836; then a deed from Butler to…
1Opinion of the Court
McDonald J.,
By the Court. delivering the opinion.
[1.] The charge of the Court to the jury, that if they believed, that if the judgment upon which thefi.fa. was issued, was dormant, the sale was void, and the purchaser at Sheriff’s sale got no' title, and they must find, for the plaintiff, was correct. The statute declares that such judgment shall be •void and of no effect. (Cobb, 498.)
[2.] If the Court was incorrect in instructing the jury, that in computing the time on th.efi.fa., they must calculate from the date of the judgment, or the last entry on the fi.fa., we-will not, for that cause,…
2Cases cited1 opinion
- Duncan v. WebbSupreme Court of Georgia · 1849
3Cited by5 opinions
- Harris v. BlackSupreme Court of Georgia · 1915
- Sprinz v. Frank, Heyman & RhineSupreme Court of Georgia · 1888
- Bank of Richland v. NicholsonSupreme Court of Georgia · 1904
- Macomber v. WrightMichigan Supreme Court · 1895
- Elliott v. PontiusIndiana Supreme Court · 1893