Murdock v. Miller
Supreme Court of Georgia
Summary Proceeding, for recovery of land, in Muscogee Superior Court. Tried before Judge Worrill, at December Term, 1856. This was a proceeding under Act of 1853-4, to recover by summary remedy, the possession of a house and lot in the City of Columbus.
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Summary Proceeding, for recovery of land, in Muscogee Superior Court. Tried before Judge Worrill, at December Term, 1856. This was a proceeding under Act of 1853-4, to recover by summary remedy, the possession of a house and lot in the City of Columbus. Plaintiff, Murdock, offered in evidence a deed from Frederick Miller to Lewis M. Durr, for the lot in controversy, dated 31st January 1853 ; also a deed from Durr to the plaintiff, dated 16th March 1854. George^ W. Spencer, the brother-in-law of plaintiff, testified that in a conversation between plaintiff and Frederick Miller, about the last…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The Act under which this proceeding was instituted, (Pamphlet 1853-4, page 52,) provides remedies for landowners against intruders and against tenants at will, or sufferance, or in any other way, where there is no contract for rent. The three first sections of the act prescribe the remedy against intruders, and it was under these sections that the plaintiff in error proceeded in this case.
He made his affidavit that the land was in possession of the defendant, who did not, in good faith, claim a right to the same, and refused to abandon the…
2Cited by2 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Thompson v. GloverSupreme Court of Georgia · 1904