Littleton v. Wynn
Supreme Court of Georgia
Action for use and occupation, in Warren Superior Court. Decision by Judge Thomas, at the April Term, i860. The record in this case presents but one question, which arises out of the following state of facts, to wit: William Littleton, as the administrator of Lucy Bray, deceased, instituted an action against Cynthia Wynn, to recover the sum of twelve hundred and fifty dollars, for the alleged use and occupation of a certain tract of land, with the tenements and improvements…
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Action for use and occupation, in Warren Superior Court. Decision by Judge Thomas, at the April Term, i860. The record in this case presents but one question, which arises out of the following state of facts, to wit: William Littleton, as the administrator of Lucy Bray, deceased, instituted an action against Cynthia Wynn, to recover the sum of twelve hundred and fifty dollars, for the alleged use and occupation of a certain tract of land, with the tenements and improvements thereon, containing one hundred and ninety-one and a half acres, adjoining lands of Sarah Hall, Henry Wynn, the said…
1Opinion of the Court
By the Court. —
Lyon, J.,
delivering the opinion.
The demurrer to the plea was properly overruled in this case, not on the ground relied on, that there had been a former recovery by the plaintiffs against others for the same cause of action, which is the foundation of this suit; but because the plea shows that the possession of the premises, by the defendant, for which this action of use and occupation is brought, was adverse to the title of the plaintiff; and for that the action does not lie. “The relation of landlord and *585tenant is necessary to sustain such an action.” — Barnes & Shinholster,…
2Cases cited1 opinion
- Lenney v. FinleySupreme Court of Georgia · 1903
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