Garrick v. Tidwell
Supreme Court of Georgia
Complaint for land. Before Judge Humphries. Meriwether superior court. March 20, 1920. In connection with the facts appearing in the former report of this case (149 Ga. 291) it is proper to add here that the plea of estoppel, dealt with in the first and second divisions of the decision, alleged in substance as follows: On January 5, 1916, the plaintiff made an affidavit to evict the defendant, Garrick, from the land sued for, averring that it was her. property and that…
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Complaint for land. Before Judge Humphries. Meriwether superior court. March 20, 1920. In connection with the facts appearing in the former report of this case (149 Ga. 291) it is proper to add here that the plea of estoppel, dealt with in the first and second divisions of the decision, alleged in substance as follows: On January 5, 1916, the plaintiff made an affidavit to evict the defendant, Garrick, from the land sued for, averring that it was her. property and that Garrick was a tenant holding the premises over an,d beyond the term for which they were rented to him. Upon this affidavit a…
1Opinion of the CourtAtkinson, J.
1. A judgment of the superior court in a statutory proceeding- for the eviction of a tenant holding over, commenced and tried under the provisions of the Civil Code, §§ 5385-5388, providing for summary eviction of tenants holding over, failing to pay rent when due, or tenants at will or sufferance refusing to deliver possession when the same is duly demanded, is conclusive between the parties and their privies in estate. In such a case the defendant may repel the charge that he is tenant, by proving that he is equitable owner of the land, under a parol gift from the alleged landlord. When…
2Cases cited10 opinions
- Walker v. NeilSupreme Court of Georgia · 1903
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Chamblee v. PirkleSupreme Court of Georgia · 1897
- Tidwell v. GarrickSupreme Court of Georgia · 1919
- Hill v. MerrittSupreme Court of Georgia · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Turpin v. North American Acceptance Corp.Court of Appeals of Georgia · 1969
- Horton v. JohnsonSupreme Court of Georgia · 1941
- Allen v. AllenSupreme Court of Georgia · 1922
- Griffeth v. WilmoreCourt of Appeals of Georgia · 1932
28 more not listed; retrieve them via the Exa API.