Priester v. Melton
Supreme Court of Georgia
Ejectment. Before Judge Mitchell. Lowndes superior court. November 24, 1904. This was an action of ejectment in the common-law form. The plaintiff laid three demises, in the names of A. H. Smith, N. J. Priester, and Sophia Priester respectively. Thomas Melton was the tenant in possession. The ease went to trial on the issue made by the plea of not guilty. The plaintiff introduced in evidence a deed from N. J. Priester to Sophia Priester, conveying the premises in dispute.
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Ejectment. Before Judge Mitchell. Lowndes superior court. November 24, 1904. This was an action of ejectment in the common-law form. The plaintiff laid three demises, in the names of A. H. Smith, N. J. Priester, and Sophia Priester respectively. Thomas Melton was the tenant in possession. The ease went to trial on the issue made by the plea of not guilty. The plaintiff introduced in evidence a deed from N. J. Priester to Sophia Priester, conveying the premises in dispute. The plaintiff also tendered in evidence a writing of which the following is a copy: “ Georgia, Lowndes County. I have this…
1Opinion of the CourtCobb, J.
The paper signed by A. H. Smith was offered as color of title, but we think it was properly rejected, as the description of the land therein was not, in the absence of extrinsic evidence showing that the description was capable of *377application to a particular parcel of land, sufficient to identify any particular land. Luttrell v. Whitehead, 121 Ga. 699 (1).
2. It appeared that A. H. Smith was dead, that there was no demise in the name of his legal representative, and that N. J. Priester had conveyed all of his interest in the land in controversy to Sophia Priester. Hence there could be no…
2Cases cited8 opinions
- Luttrell v. WhiteheadSupreme Court of Georgia · 1905
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Ellis v. DasherSupreme Court of Georgia · 1897
- Watkins v. NugenSupreme Court of Georgia · 1903
- Bleckley v. WhiteSupreme Court of Georgia · 1896
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3Cited by9 opinions
- Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1906
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- Payne v. NixSupreme Court of Georgia · 1941
- Reed v. ShortSuperior Court of Delaware · 1946
- Delay v. FeltonSupreme Court of Georgia · 1909
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