Wachstein v. Christopher
Supreme Court of Georgia
Ejectment. Before Judge Seabrook. Chatham superior court. February 24, 1906. Wachstein sued Christopher, alleging, in his petition, that the plaintiff was the owner, in fee simple, of a described lot of land in the city of Savannah, and that the defendant had erected upon an adjoining lot, owned by the defendant, a brick building, the northern wall of which extended along the. line between the plaintiff’s lot and the defendant’s lot for a distance of 75 feet; that in…
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Ejectment. Before Judge Seabrook. Chatham superior court. February 24, 1906. Wachstein sued Christopher, alleging, in his petition, that the plaintiff was the owner, in fee simple, of a described lot of land in the city of Savannah, and that the defendant had erected upon an adjoining lot, owned by the defendant, a brick building, the northern wall of which extended along the. line between the plaintiff’s lot and the defendant’s lot for a distance of 75 feet; that in erecting this wall along the southern line of the plaintiff’s lot, the defendant made an excavation, several feet in depth, and…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) The rule at common law was that ejectment would not lie for anything whereon an entry can not be made; or of which the sheriff can not deliver possession, or, in other words, it is only maintainable for corporeal hereditaments. Adams on Ejectment (Waterman’s ed.), top p. 20. The thing sought to be recovered must be something which, in early times, would have been capable of livery of seizin and physical possession, and of which the owner can be disseized. Sedgwick & Wait on Trial of Title to Land, §97. The wrong sought to be remedied by the action of ejectment was…
2Cases cited2 opinions
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- Long v. GodfreySupreme Court of Georgia · 1944
- Joel v. Publix-Lucas Theatres Inc.Supreme Court of Georgia · 1942
- Randolph v. Merchants & Mechanics Banking & Loan Co.Supreme Court of Georgia · 1936
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