Polhill v. Brown
Supreme Court of Georgia
Service. Ejectment. Amendment. Pleadings. Interest and usury. Principal and surety. Evidence. Practice. Deeds. Title. Mesne profits. Debtor and creditor. Before Judge Dustin. Houston superior court. April term, 1889. The action was by Wilson Brown against Daniel Pol-hill for land and mesne profits. The abstract of title attaehed to the declaration ivas, a deed from Polhill to J. P. Brown, and a subsequent deed from J. P. Brown to the plaintiff.
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Service. Ejectment. Amendment. Pleadings. Interest and usury. Principal and surety. Evidence. Practice. Deeds. Title. Mesne profits. Debtor and creditor. Before Judge Dustin. Houston superior court. April term, 1889. The action was by Wilson Brown against Daniel Pol-hill for land and mesne profits. The abstract of title attaehed to the declaration ivas, a deed from Polhill to J. P. Brown, and a subsequent deed from J. P. Brown to the plaintiff. It appeared that defendant had borrowed money from J. P. Brown and conveyed the title to him as security for the loan, and afterwards borrowed money…
1Opinion of the Court
Blandford, Justice.
1. Brown sued Polhill to recover possession of a certain lot of land. Polhill moved to dismiss the action, and therewith filed a fplea to the jurisdiction of the court, upon the ground that he was not properly served, in this: that he resided in the county of Pulaski, but the process was directed to, and the copy declaration and process served by, the sheriff of Houston county. The facts show that the land sued for was partly in Pulaski and partly in Houston, the boundary line between these counties running through a portion of the land, and that no person upon whom service…
2Cited by46 opinions
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