Parker v. Chambliss
Supreme Court of Georgia
Ejectment, from Bibb Superior Court. Tried before Judge Powers. May Term, 1852. This case was made on an agreed statement of facts. The plaintiffs were heirs at law of certain land, which was held by the widow (or her lessee) by right of dower.
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Ejectment, from Bibb Superior Court. Tried before Judge Powers. May Term, 1852. This case was made on an agreed statement of facts. The plaintiffs were heirs at law of certain land, which was held by the widow (or her lessee) by right of dower. It was admitted that waste had been committed on the land by the widow or her lessee, and the question was, whether the Statute of Edward VI, known as the Statute of Gloucester, is of force in Georgia, by which the tenant for life, committing waste, ..is liablefor treble damages, and forfeits the life estate. The Court held that the Statute was not of…
1Opinion of the Court
By the Court.
Warner J.
delivering the opinion.
This was an action of ejectment brought by the heirs at law of Simon Parker deceased, to recover the possession of the premises in dispute, which had been assigned to Rachel Parker, the widow of the decedent, as her dower in his estate. The plaintiffs claim the right to recover the possession of the land, on the ground, that the tenant in dower had committed waste, and thereby had forfeited her estate, according to the Statute of 6 Edward 1. commonly called the Statute of Gloucester. By the provisions of that Statute, if the tenant in dower shall…
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