Stevens v. Zachary
Supreme Court of Georgia
Ejectment, in Baker Superior Court. Decision by Judge Allen, at November Term, 1858. This was r'l action of ejectment, by John Doe, ex dem., Lewis S. Zachary, against Richard Roe, casual ejector, and Sefli C. Stevens, tenant in possession.
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Ejectment, in Baker Superior Court. Decision by Judge Allen, at November Term, 1858. This was r'l action of ejectment, by John Doe, ex dem., Lewis S. Zachary, against Richard Roe, casual ejector, and Sefli C. Stevens, tenant in possession. Plaintiff, preparatory to trial, submitted a motion, that Stevens the defendant be ordered to file in the Clerk’s office, within twelve days after the adjournment of the Court, the original deeds from Lewis Zachary to William Kolb, and from Kolb to Manboy N. Ford, to the lot of land in dispute, and under which deeds he claims title to said, premises,…
1Opinion of the Court
*429 By the Court.
Benning J.
delivering the opinion.
Was the Court below right, in granting the order?
Two objections are urged against the granting of the order ; one, that the Court had no power to grant any order, the effect of which, would be to send the paper annexed to interrogatories, into another county.; the other, that if the Court had any such power, it was a power only to be exercised on the exaction of the best attainable security — that the order should work no prejudice to the party required to produce the paper — and the bond exacted, was not by itself the best attainable security…
2Cases cited1 opinion
- Faircloth v. JordanSupreme Court of Georgia · 1854