Clark v. Whitehead
Supreme Court of Georgia
Warranty. Eviction. Non-suit. Mesne profits. Evidence. Ordinance of 1865. Relief Act of 1870. Before Judge Clark. Dougherty Superior Court.
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Warranty. Eviction. Non-suit. Mesne profits. Evidence. Ordinance of 1865. Relief Act of 1870. Before Judge Clark. Dougherty Superior Court. Juue Term, 1872. William -H. Whitehead brought complaint against Richard H. Clark, James M. Mercer and Isaac J. F. Welch, as executors of Seth C. Stevens, deceased, for $1,625 00, besides interest, it being the purchase money paid by the plaintiff to said Stevens and to said defendants, as his executors, for lot of land number three hundred and ninety-nine, in the eleventh district of Baker county, the title to which had failed. By an amendment, the…
1Opinion of the Court
Montgomery, Judge.
1. The motion for the non-suit was based upon the idea that no eviction was shown by plaintiff under the judgment in ejectment. This point was abandoned on the argument and may be dismissed with the remark that it has been settled adversely to the position of plaintiff in error since Leary vs. Durham, 4 Georgia, 593.
2. Would any merchant who had sold an article to a purchaser and warranted it to be suitable to the purpose for which *521it was bought, have hesitated, in keeping his account, to allow a sum as a credit to the purchaser, which he had paid out for work on the article…
2Cited by4 opinions
- Miller v. DesvergesSupreme Court of Georgia · 1886
- Pierce v. DennettSupreme Court of Georgia · 1927
- Kemp v. ParksSupreme Court of Georgia · 1971
- Kemp v. ParksSupreme Court of Georgia · 1971