Roe v. Doe ex dem. Christie
Supreme Court of Georgia
Ejectment. Motion for new trial. Before Judge Clarke. Terrell Superior Court, May Term, 1867. This was ejectment for L. L. 163, in the 4th .District of said county, upon the demise of Nathan G. Christie, against John A. McGregor, tenant in possession.
Read the full summary
Ejectment. Motion for new trial. Before Judge Clarke. Terrell Superior Court, May Term, 1867. This was ejectment for L. L. 163, in the 4th .District of said county, upon the demise of Nathan G. Christie, against John A. McGregor, tenant in possession. Plaintiff read in evidence the grant from the State of said lot to James Calahan, a deed from James Calahan to said Christie, made in Euiaula, Alabama, in presence of E. B. Young, and Henry A. Young, Notary Publics, and dated 20th December, 1855. (This deed was drawn from defendant’s possession.) Having shown the locus in quo, and that the…
1Opinion of the CourtWarner, C. J.
The error assigned to the judgment of the Court below in this case is the granting of a new trial. From the evidence in the record, we should have been satisfied with the verdict of the jury in favor of the defendant. The weight of the evidence, we think, goes to show that James Calahan, who executed the deed to the lot of land in Eufaula, Alabama,' was not the James Calahan who drew the lot of land; but the Court below having granted a new trial in the case, thereby giving to the parties another opportunity to be heard,we will not control the discretion of the Court in doing so This Court is…
2Cited by3 opinions
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- City of Atlanta v. BrownSupreme Court of Georgia · 1885