Kinsey v. Lessee of Sensbough
Supreme Court of Georgia
Ejectment, in Whitfield Superior Court. Tried before Judge John H. Lumpkin, October Term, 1854. The lessee of Harrison Rogers brought an action of eject■ment to recover from the plaintiffs in error a tract of land; ■subsequently, by an amendment, demises were laid in the name of Joseph Sensbough and other persons. On the appeal trial, the plaintiffs below introduced a grant to Joseph Sensbough, proved the locus in quo and closed.
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Ejectment, in Whitfield Superior Court. Tried before Judge John H. Lumpkin, October Term, 1854. The lessee of Harrison Rogers brought an action of eject■ment to recover from the plaintiffs in error a tract of land; ■subsequently, by an amendment, demises were laid in the name of Joseph Sensbough and other persons. On the appeal trial, the plaintiffs below introduced a grant to Joseph Sensbough, proved the locus in quo and closed. Defendants then proved by D. A. Walker, Esq. the Counsel for plaintiffs, that he never ;saw or knew Joseph Sensbough, nor knew where he lived, nor had any authority…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We do not entirely agree with the decision of the Court, ■upon the motion to dismiss the case, because Harrison Rogers Rad shown no connection between his title and that of Joseph *542Sensbough; yet, we think the Court was right in- refusing the motion.
That motion rested upon the affidavit of Dawson A. Walker, Attorney at Law for Rogers, one of the plaintiff’s lessors, (and he who seems to have been chiefly interested,) and on nothing else. As the case stood, that showing did not authorize a dismissal of the suit.
The Counsel making this motion…
2Cited by2 opinions
- Atlantic Coast Line Railroad v. Hart Lumber Co.Court of Appeals of Georgia · 1907
- Doe ex. dem. Hesters v. RoeSupreme Court of Georgia · 1861