Wright v. Sparks
Supreme Court of Georgia
Complaint for land. Before Judge Lewis. Putnam superior' court. November 10, 1905.- J. A. Wright and two others brought their action against W. H. Sparks, alleging that they were tenants in common of a described parcel of land, of which the defendant was in possession, and that the yearly profits thereof were of a stated value, and that the defendant refused to surrender possession of the land to the plaintiffs, or to pay them the profits thereof.
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Complaint for land. Before Judge Lewis. Putnam superior' court. November 10, 1905.- J. A. Wright and two others brought their action against W. H. Sparks, alleging that they were tenants in common of a described parcel of land, of which the defendant was in possession, and that the yearly profits thereof were of a stated value, and that the defendant refused to surrender possession of the land to the plaintiffs, or to pay them the profits thereof. An abstract of title was attached to the petition, which was, in substance, as follows: (1) Will of Thomas Head, who died in possession of the land…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The plaintiffs offered the testimony of a witness, taken by interrogatories, and the defendant objected to the answers being read as evidence, for the reason that, at the time the interrogatories were siied out and returned into court the original defendant was dead, and his legal representative had not been made a party in his stead, and there was no party defendant to the case. One of the counsel for the plaintiffs stated in his place that Mr. J. D. Sparks and Messrs. Wingfield represented the defendant before his death, and represented his executrix at the time…
2Cases cited1 opinion
- Ryan v. PeopleSupreme Court of Colorado · 1895
3Cited by4 opinions
- Cox v. NorrisCourt of Appeals of Georgia · 1944
- Ayres v. WrightCalifornia Court of Appeal · 1930
- Cock v. WilliamsSupreme Court of Georgia · 1918
- Fort-Mims & Haynes Co. v. Branan-Akers Co.Supreme Court of Georgia · 1913