Dawty v. Hansell
Supreme Court of Georgia
Ejectment, in Murray Superior Court. Tried before Judge 'Trippe, April Term, 1856. William Y. IIansell commenced an action of ejectment against Charles Dawty, under the Act of 1847, to “simplify and curtail pleadings at Common Law.”
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Ejectment, in Murray Superior Court. Tried before Judge 'Trippe, April Term, 1856. William Y. IIansell commenced an action of ejectment against Charles Dawty, under the Act of 1847, to “simplify and curtail pleadings at Common Law.” At the April Term, 1856, the plaintiff moved to amend his declaration by adding a demise in the name of Zachariah Jordan, leave having been granted at a previous term of the Court to plaintiff to amend-his writ, without specifying, however, in-what the amendment ■should consist. Counsel for defendant objected to- the amendment. The -Court sustained the motion and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] If a person seeking to recover real estate resorts to the /Short Form allowed by the Statute, he must abide by it. The Act was intended to dispense with the fiction in ejectment, and enable the true owner to recover of the tenant. And when the plaintiff discovers that he has no title in himself, he cannot, either with or without the aid of John Doe, introduce, by way of amendment, another and entirely di£*660ferent party, no more than he could in an action of debt or trover.
Counsel invoke the benefit of the Amendment Law of 1853-4, and contend…
2Cited by1 opinion
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