Buckner v. Chambliss
Supreme Court of Georgia
Complaint for land, in Sumter county. Tried before Judge Allen, at the April Adjourned Term, 1859. This suit was brought on the 17th day of February, 1857, by the administrator of Jesse Harris against Reason Buckner, the plaintiff in error, to recover lot of land No. 210, in the 26th district of originally Lee, now Sumter county.
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Complaint for land, in Sumter county. Tried before Judge Allen, at the April Adjourned Term, 1859. This suit was brought on the 17th day of February, 1857, by the administrator of Jesse Harris against Reason Buckner, the plaintiff in error, to recover lot of land No. 210, in the 26th district of originally Lee, now Sumter county. The plaintiff in the Court below introduced, on the trial, A. M. D. King, who testified that Jesse Harris was in possession, and claimed to be the owner of the premises in dispute in the years 1847 — 48, and for several years before, and up to the time he went to…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
1. The plaintiff, in the Court below, relied, for recovery of the premises in dispute, upon proof of prior possession. The proof showed that he had been in possession of the lot sued for from 1840 to the time he moved to the State of Louisiana, and that he then left one James Baker in possession, as his tenant. On this proof, the defendant was not entitled to a non-suit. Prior possession will prevail in ejectment over a subsequent one acquired by mere entry, without any lawful right. Johnson vs. Lancaster, 5 Ga., 39.
2. The attornment of Baker, the…
2Cases cited1 opinion
- Doe ex dem. Johnson v. LancasterSupreme Court of Georgia · 1848
3Cited by7 opinions
- Hunt v. ElliottIndiana Supreme Court · 1881
- Wolfe v. BaxterSupreme Court of Georgia · 1891
- Bagley v. KennedySupreme Court of Georgia · 1890
- McMillan v. HarrisSupreme Court of Georgia · 1900
- Stanaland v. HorneSupreme Court of Georgia · 1928
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