Gardner v. Kersey
Supreme Court of Georgia
Ejectment. Mesne profits. Equity. Before Judge Clabk. Lee Superior Court. October Term, 1869. In October, 1869, James Gardner and Dillard Spradley filed their bill, containing the following averments: In 1864,'Gardner bought of William McAffee a plantation, part of which is land lot No. 175, in the 13th district of said county.
Read the full summary
Ejectment. Mesne profits. Equity. Before Judge Clabk. Lee Superior Court. October Term, 1869. In October, 1869, James Gardner and Dillard Spradley filed their bill, containing the following averments: In 1864,'Gardner bought of William McAffee a plantation, part of which is land lot No. 175, in the 13th district of said county. At the time of the purchase, a suit was pending, in said county, in favor of John Doe, upon the several demises of Joseph Thompson, Joseph Little, William Byrd and T. Thomas, vs. Roe, casual ejector, and said McAffee, tenant in possession, for said lot; but believing…
1Opinion of the CourtBrown, C. J.
1. The fact whether the recovery was upon the demise of Little alone, was matter of record, and should have been determined by the record. And the Chancellor was not bound to grant an injunction upon the allegation of that fact by the complainant, unless the allegation was sustained by the record, though it was not denied by the answer of the defendant, who stated that he djd not know the fact. In addition to this, the Judge who tried the ejectment case, and who is the same to whom the bill for injunction was presented, certifies that he cannot undertake to say upon which of the’demises the…
2Cases cited1 opinion
- Cox v. LaceyCourt of Appeals of Kentucky · 1823
3Cited by5 opinions
- People v. FarrellMichigan Supreme Court · 1906
- In re Booth for a Writ of Habeas CorpusNevada Supreme Court · 1916
- Stephens v. SteckdaubMissouri Court of Appeals · 1920
- Hutchison v. SheppardSupreme Court of Arkansas · 1956
- Craig v. WatsonSupreme Court of Georgia · 1881