Helms v. O'Bannon
Supreme Court of Georgia
Ejectment, from Stewart county. Tried before Judge Kiddoo, April Term, 1858. John Doe, on the several demises of Green H. O’Bannon and Benjamin May, brought suit against Richard Roe, casual ejector, and Robert B. Helms, tenant in possession, for lot of land 239, in the 22d district Plaintiff, on the trial, gaye in evidence copy plat and grant of said land to said O’Bannon, and offered in evidence a power of attorney from O’Bannon of Texas to James R. Butts, of Georgia, to…
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Ejectment, from Stewart county. Tried before Judge Kiddoo, April Term, 1858. John Doe, on the several demises of Green H. O’Bannon and Benjamin May, brought suit against Richard Roe, casual ejector, and Robert B. Helms, tenant in possession, for lot of land 239, in the 22d district Plaintiff, on the trial, gaye in evidence copy plat and grant of said land to said O’Bannon, and offered in evidence a power of attorney from O’Bannon of Texas to James R. Butts, of Georgia, to sell and make titles to the same — said power of attorney purporting to have been made in Texas. The subscribing witnesses…
1Opinion of the Court
*135 By the Court.
Lumpkin J.
delivering the opinion.
The facts in this case are briefly these. Green H. O’Ban-non was the drawer of the lot of land in dispute, which was granted in 1837. In 1833 O’Bannon sold and conveyed the land to one D. Jarratt. In 1854 the Jarratts sold to Helms, the defendant, who commenced building thereon toward the close of that year, and went into possession with his family in the beginning of 1855. In November, 1855, O’Bannon, through James R. Butts, his attorney in fact, conveyed the land to Benjamin May. The deed from O’Bannon to Jarratt is recorded December, 1855; and…
2Cases cited2 opinions
- Doe ex dem. Cain v. RoeSupreme Court of Georgia · 1857
- Wyatt v. ElamSupreme Court of Georgia · 1857
3Cited by5 opinions
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- Elrod v. BagleySupreme Court of Georgia · 1922
- Lessee of Dudley v. BradshawSupreme Court of Georgia · 1859
- Strauss v. MaddoxSupreme Court of Georgia · 1899