Holcombe v. Austell
Supreme Court of Georgia
Ejectment, in Fayette Superior Court. Tried before Judge Bull, March Term, 1855. This was an action of ejectment brought in 1850, by Alfred Austell and others, against Diskin Holcombe. The plaintiffs showed the grant from the State to John Arlines’ orphans, dated November 24th, 1823; deed from James Arlines to Jer, Walker, February 2d, 1829 ; deed from Ann Davis to Diskin Holcombe, 23d October, 1837; fi. fa.
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Ejectment, in Fayette Superior Court. Tried before Judge Bull, March Term, 1855. This was an action of ejectment brought in 1850, by Alfred Austell and others, against Diskin Holcombe. The plaintiffs showed the grant from the State to John Arlines’ orphans, dated November 24th, 1823; deed from James Arlines to Jer, Walker, February 2d, 1829 ; deed from Ann Davis to Diskin Holcombe, 23d October, 1837; fi. fa. Elias Bell vs. Diskin Holcombe and another, and levy on the lot, and sale, and deed by the Sheriff to William McBride, November 7th, 1843; deed from William McBride and Alfred McBride to…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
£1.] Was the verdict contrary to the evidence? It was, anless the plaintiff showed title in himself. Did he show title In himself?
The plaintiff attempted, in two ways, to show title in himself: by a chain of conveyances down to himself from the drawers, and by the Statute of Limitations.
In respect to the first way, he succeeded in showing a grant from the State to John Arlines’ orphans, and a deed feaan James Arlines to Jer. Walker, but he failed to show any deed from Walker to any person, Or any other deed from an Arlines or the heir of an…
2Cited by2 opinions
- Clark v. WhiteSupreme Court of Georgia · 1904
- Joiner v. BordersSupreme Court of Georgia · 1861