Legal Opinion

Ozmore v. Hood & Kiddoo

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 5 opinions

Evidence. Possession. Attachment. New trial. Before Judge Hansell. Randolph Superior Court. November Term, 1873. On April 1st, 1871, an attachment in favor of Hood & Kiddoo against Thomas Ozmore, for $408 09, principal debt, besides interest and costs, was levied upon lot of land number one hundred and fifty-two, in the ninth district of Randolph county. Judgment was obtained at the November term, 1871, and execution was issued and levy made.

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Evidence. Possession. Attachment. New trial. Before Judge Hansell. Randolph Superior Court. November Term, 1873. On April 1st, 1871, an attachment in favor of Hood & Kiddoo against Thomas Ozmore, for $408 09, principal debt, besides interest and costs, was levied upon lot of land number one hundred and fifty-two, in the ninth district of Randolph county. Judgment was obtained at the November term, 1871, and execution was issued and levy made. A claim was interposed by John T. Ozmore. The evidence disclosed, in brief, the following facts : On September 1st, 1856, Thomas Ozmore was appointed…

1Opinion of the Court

McCay, Judge.

1. An important question on the trial in this case was the nature of the possession of Thomas Ozmore, from the date of the alleged turning over of this land to his children until he left the state. Was he the tenant of his children, or was he holding in his own right? The plaintiffs insisted that the deed made after the date of the levy was the true time of his settlement with his children, and that their claim to the land then began. The claimant insisted that more than a year before this the settlement had been made, the land in dispute turned over, and that Tilomas Ozmore held…

2Cited by5 opinions

  1. Dozier v. McWhorterSupreme Court of Georgia · 1903
  2. Goodman v. HendersonSupreme Court of Georgia · 1877
  3. Banks v. McCandlessSupreme Court of Georgia · 1904
  4. Smith v. Rothschild & Co.Court of Appeals of Georgia · 1913
  5. Carmichael v. FosterSupreme Court of Georgia · 1882

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