Henderson v. Hackney
Supreme Court of Georgia
Ejectment, from Whitfield Superior Court. Decided by Judge Lumpkin. October Term, 1852. In 1847, William Henderson brought his action of ejectment against William P. Hackney and four others, for a lot of land, now in the County of Whitfield. Before the trial, Absalom Holcombe, on a showing of some privity of title, caused himself to be made a co-defendant.
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Ejectment, from Whitfield Superior Court. Decided by Judge Lumpkin. October Term, 1852. In 1847, William Henderson brought his action of ejectment against William P. Hackney and four others, for a lot of land, now in the County of Whitfield. Before the trial, Absalom Holcombe, on a showing of some privity of title, caused himself to be made a co-defendant. A trial was had, from which an appeal was taken, and pending the appeal, Absalom Holcombe died and his death was suggested of record. The plaintiff moved to proceed against the other defendants, which the Court refused, holding that the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
To my mind, the question submitted by this record for our decision cannot admit of a doubt.
[1.] By what is called the Practice Act in England, the landlord or other proper person, is permitted, upon application, *283to become a co-defendant in an action of ejectment. Other proper person, was defined by Lord Mansfield, in Fairclaim vs. Shantitle, (3 Burrows, 1294,) to be every person, whose title is connected to, or consistent with the title of the occupier, and liable to be divested or disturbed by any claim adverse to such possession. And the Courts…
2Cases cited1 opinion
- Brown v. TaylorSupreme Court of Vermont · 1841
3Cited by1 opinion
- Blalock v. NewhillSupreme Court of Georgia · 1887