Clements v. Wheeler
Supreme Court of Georgia
Ejectment. Grants. Deeds. Evidence. Prescription. New trial. Before Judge Underwood. Walker Superior Court. February Term, 1878. On August 7, 1876, John Doe, on the demise of Clements, as administrator of Christopher Day, of Silva, of Solomons, of Cotting, executrix of David G. Cotting, and of Bryant, brought ejectment against Richard Roe, and Wheeler, tenant in possession, for lot of land 263, in 8th district and 4th section of Walker county.
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Ejectment. Grants. Deeds. Evidence. Prescription. New trial. Before Judge Underwood. Walker Superior Court. February Term, 1878. On August 7, 1876, John Doe, on the demise of Clements, as administrator of Christopher Day, of Silva, of Solomons, of Cotting, executrix of David G. Cotting, and of Bryant, brought ejectment against Richard Roe, and Wheeler, tenant in possession, for lot of land 263, in 8th district and 4th section of Walker county. The defendant pleaded the general issue and title by prescription. The evidence for the plaintiffs, so far as material, was as follows: 1. Grant…
1Opinion of the Court
Bleckley, Justice.
1. The land was granted by the state to Christopher Day, of Chatham county ; and the administrator of Christopher Day sold and conveyed it in 1872. This was the source of the plaintiffs’ title. The defendant’s paper title commenced with a deed of bargain and sale from Christopher P. Day, of Savannah, (which is in Chatham county), made in 183.9. It is plain that if Christopher and Christopher P. were one and the same person, the defendant’s title was better than the plaintiffs’; for if the grantee from the state conveyed in 1839, his administrator had nothing to convey in…
2Cases cited2 opinions
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3Cited by9 opinions
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