Witzel v. Pierce
Supreme Court of Georgia
Ejectment, from Fannin Superior Court. Tried before Judge Trifpe, at November Term, 1856. This was an action of ejectment brought by John Doe, ex dem. of Conrod Augley, and Wiley Pearce adm’r of Conrod Augley, against Richard Roe, casual ejector, and John C. Witzel, tenant in possession, for the recovery of lot of land No. 123, in the 9th districted section, of originally Cherokee, now Fannin county.
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Ejectment, from Fannin Superior Court. Tried before Judge Trifpe, at November Term, 1856. This was an action of ejectment brought by John Doe, ex dem. of Conrod Augley, and Wiley Pearce adm’r of Conrod Augley, against Richard Roe, casual ejector, and John C. Witzel, tenant in possession, for the recovery of lot of land No. 123, in the 9th districted section, of originally Cherokee, now Fannin county. Plaintiff first introduced a copy grant from the State to Conrod Augley, issued 1st day of July 1843; then the letters of administration from the Court of Ordinary of Decatur county, dated the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the Court below right in admitting the letters of administration ? We think that the Court ivas.
There was a demise in the name of the administrator appointed by the letters. The letters therefore, were pertinent to the issue on that demise.
The letters were certified thus : “ Given under my hand, and seal of office, this, August, the 7th, 1854.
JOSEPH GAR, Ordinary, D. C.” [Decatur County.]
[1.] We think that this was a sufficient certificate, under *114the Act of 1852, “ to carry into effect the amended constitution, in reference to the…
2Cases cited1 opinion
- Dugas v. LawrenceSupreme Court of Georgia · 1856
3Cited by6 opinions
- Ponder v. ShumansSupreme Court of Georgia · 1888
- Lay v. SheppardSupreme Court of Georgia · 1900
- Harris v. ChipmanUtah Supreme Court · 1893
- Powell v. HansardSupreme Court of Georgia · 1950
- Phillips v. Babcock Bros. Lumber Co.Court of Appeals of Georgia · 1909
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