Evans v. Birge
Supreme Court of Georgia
Ejectment, in Bibb Superior Court. Tried before Judge Starke, July Term, 1851. This was an action of ejectment, brought by John P. Evans against John L. Birge, returnable to November Term, 1847, of Bibb Superior Court, for the recovery of several lots of land, near the City of Macon, constituting a part of what is known as the “Macon reserve;” among them, lots 74 and 79, the subject-matter really in dispute.
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Ejectment, in Bibb Superior Court. Tried before Judge Starke, July Term, 1851. This was an action of ejectment, brought by John P. Evans against John L. Birge, returnable to November Term, 1847, of Bibb Superior Court, for the recovery of several lots of land, near the City of Macon, constituting a part of what is known as the “Macon reserve;” among them, lots 74 and 79, the subject-matter really in dispute. On the 16th day of December, 1848, Birge enjoined the action of ejectment by bill in Equity. At the July Term, 1851, the action of ejectment and the bill were tried together. In the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The question made for our consideration in this case is single, but rather difficult to come at. The plaintiff below had given in evidence certain deeds for the land in question, known *268as the Fay Place, amounting to some seven hundred acres, and composed of a number of fractional lots on the east branch of the Ocmulgee. The defendant, it seems, had filed a bill to aid his defence in the ejectment, to which the plaintiff', Evans, had answered, and which bill by consent was also on trial. The pleadings in that bill had been read to the Jury.…
2Cited by19 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Missouri State Life Insurance v. LovelaceCourt of Appeals of Georgia · 1907
- Western & Atlantic Railroad v. City of AtlantaSupreme Court of Georgia · 1885
- Morris v. Georgia Power CompanyCourt of Appeals of Georgia · 1941
- Bonds v. BrownSupreme Court of Georgia · 1909
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