Wiggins v. State
Supreme Court of Georgia
Accusation of trespass. Before Judge Adams. City court of Dublin. October 13, 1903. Wiggins whs accused of trespass, in that he “ did . . wilfully enter, go upon, and pass over the enclosed or cultivated land of another, after being personally forbidden so to do by Mary Hamilton, she being entitled to the possession at the time being.”
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Accusation of trespass. Before Judge Adams. City court of Dublin. October 13, 1903. Wiggins whs accused of trespass, in that he “ did . . wilfully enter, go upon, and pass over the enclosed or cultivated land of another, after being personally forbidden so to do by Mary Hamilton, she being entitled to the possession at the time being.” From the evidence it appeared that Jenkins bought at sheriff’s sale an undivided half interest in Mrs. Hamilton’s land, and contracted for the sale of the half interest to her. She executed two notes to him for the purchase-money, and he executed a bond…
1Opinion of the CourtLamar, J.
In order to quiet possession until final trial on the merits, and to prevent a breach of the peace, which might result if one should take the law in his own hands, and attempt to enforce his own rights, the Civil Code, §§4823 — 4826, provides the remedy relating to forcible entry and detainer. A prosecution under the Penal Code, § 220, is not intended as a substitute therefor, nor to serve the office of an action of trespass to try title. On the other hand, it is not necessary that the prosecutor should have perfect title in fee simple, in order to avail himself of the protection afforded by…
2Cases cited4 opinions
- Hateley v. StateSupreme Court of Georgia · 1903
- Murphey v. StateSupreme Court of Georgia · 1902
- Bryce v. StateSupreme Court of Georgia · 1901
- Miley v. StateSupreme Court of Georgia · 1903
3Cited by9 opinions
- Ellis v. KnowlesCourt of Appeals of Georgia · 1954
- Bowman v. StateSupreme Court of Georgia · 1989
- Mitchell v. StateCourt of Appeals of Georgia · 1913
- Hayes v. StateCourt of Appeals of Georgia · 1913
- Horsely v. StateCourt of Appeals of Georgia · 1915
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