Bennett v. Walker
Supreme Court of Georgia
County matters. Parties. Ejectment. Deed. Color of title. Prescription. Fraud. Before Judge Fleming. McIntosh Superior Court. May Term, .1879. On September 19, 1878, the county commissioners of McIntosh county brought complaint against James B. Bennett and his wife for a lot of land in the city of Darien and mesne profits.
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County matters. Parties. Ejectment. Deed. Color of title. Prescription. Fraud. Before Judge Fleming. McIntosh Superior Court. May Term, .1879. On September 19, 1878, the county commissioners of McIntosh county brought complaint against James B. Bennett and his wife for a lot of land in the city of Darien and mesne profits. On November 1st, 1878, the defendants pleaded the general issue, and on May 1st following, at the time of going to trial, amended by pleading title by prescription, by denying that the land had been of any profit, by alleging that Bennett purchased bona fide, and being in…
1Opinion of the Court
Bleckley, Justice.
1. The constitution of 1877 declares, in article 11th, sec* tion 1st, that’ “ all suits by or against a county, shall be in the name thereof.” The case at bar was commenced after this constitution went into effect, and was not in the name of the county, but in the names of certain persons describing themselves as county commissioners. By the local act applicable to the subject, these commissioners constituted the proper board of magistracy to bring the action, but under the provision of the constitution just cited, it cannot be regarded as a suit by the county, not being in…
2Cited by16 opinions
- Glaze v. BogleSupreme Court of Georgia · 1898
- Arnett v. Board of CommissionersSupreme Court of Georgia · 1885
- Henry v. MeansSupreme Court of Georgia · 1911
- Humber v. DixonSupreme Court of Georgia · 1917
- Hunnicutt v. StoneSupreme Court of Georgia · 1890
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