Roe v. Doe ex demise Downing
Supreme Court of Georgia
Ejectment. Statute of Limitations. Mesne profits. Prescription. Tried before Judge Harrell. Muscogee Superior Court. May Term, 1871. John Doe, on the several demises of Lemuel T. Downing, as administrator of Sebastian Hoffman, deceased, of Felix McArdle, as administrator of Thomas Brassil), deceased, and of Catherine McArdle, brought ejectment for a lot of land in the city of Columbus, in the county of Muscogee, known as number seventy-seven, lying on the west side of Broad…
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Ejectment. Statute of Limitations. Mesne profits. Prescription. Tried before Judge Harrell. Muscogee Superior Court. May Term, 1871. John Doe, on the several demises of Lemuel T. Downing, as administrator of Sebastian Hoffman, deceased, of Felix McArdle, as administrator of Thomas Brassil), deceased, and of Catherine McArdle, brought ejectment for a lot of land in the city of Columbus, in the county of Muscogee, known as number seventy-seven, lying on the west side of Broad street, fronting easterly on said street, forty-five feet north and south, and extending back, westerly of the same…
1Opinion of the Court
McCay, Judge.
Mr. Chitty says that the action of ejectment is neither a personal nor a real action, but a mixed one — partly to try titles, and partly for damages, though, for many years, the damages were only nominal, say a shilling, the real recovery being the land: 1 Chitty’s Plead., 188. And, until our Act of 1834, this was the law of Georgia. Since then, the recovery is also for the mesne profits, though it has always been the practice to introduce a special count for this purpose, aban*125cloning the fiction. The real object of the action is to recover the land, and it is only as a fiction…
2Cited by9 opinions
- Ramey v. O'ByrneSupreme Court of Georgia · 1904
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Dean v. FeelySupreme Court of Georgia · 1883
- Ellis v. SmithSupreme Court of Georgia · 1900
- Taylor v. JamesSupreme Court of Georgia · 1899
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