Sims v. Dorsey
Supreme Court of Georgia
Estoppel. Landlord and tenant. Title. Contracts. New Trial. Before Judge Hall. Clayton Superior Court. March Term, 1877. Certain justice court executions in favor of Sims against Yessels, and Yessels and Morris, were levied upon twenty-five acres of cotton in the field, 3,988 pounds of seed .cotton 'gathered, twenty-five acres of corn in the field, and six thousand bundles of fodder. A claim was interposed by Dorsey.
Read the full summary
Estoppel. Landlord and tenant. Title. Contracts. New Trial. Before Judge Hall. Clayton Superior Court. March Term, 1877. Certain justice court executions in favor of Sims against Yessels, and Yessels and Morris, were levied upon twenty-five acres of cotton in the field, 3,988 pounds of seed .cotton 'gathered, twenty-five acres of corn in the field, and six thousand bundles of fodder. A claim was interposed by Dorsey. The magistrate found in favor of claimant, and plaintiff in fi. fa. appealed. In the superior court the cases were consolidated, and upon the trial the following facts appeared:…
1Opinion of the Court
Bleckley, Justice.
The evidence would have well warranted the jury in *492finding the relation of landlord and tenant, rather than that of owner and cropper. But we cannot say that it was such as to constrain a finding to that effect. It was stipulated in tiie contract that Dorsey was to control the entire crop until all provisions furnished by him were paid for. ITis land produced it, aud it did not appear with certainty that possession of the land ever passed out of him. The work on it may have been done under bis superintendence and direction. In other words, the labor may have been furnished…
2Cited by6 opinions
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- City of Albany v. LindseyCourt of Appeals of Georgia · 1912
- Almand v. Scott & Co.Supreme Court of Georgia · 1888
- Hackney v. StateSupreme Court of Georgia · 1897
- Evans v. Napier, Worsham & Co.Supreme Court of Georgia · 1900
1 more not listed; retrieve them via the Exa API.