Doe ex dem. Thornton v. Roe
Supreme Court of Georgia
Ejectment Conditions and Covenants in deeds. Before Judge Parrott. Whitfield Superior Court. April Term, 1869. This was ejectment in favor of the heirs of Mark Thornton, for a parcel of land in Dalton, Georgia, whereon are the passenger and freight depots of the Western & Atlantic Rail Road. The pleas were the general issue and the statute of limitations.
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Ejectment Conditions and Covenants in deeds. Before Judge Parrott. Whitfield Superior Court. April Term, 1869. This was ejectment in favor of the heirs of Mark Thornton, for a parcel of land in Dalton, Georgia, whereon are the passenger and freight depots of the Western & Atlantic Rail Road. The pleas were the general issue and the statute of limitations. As the cause turned upon the construction of a clause in Mark Thornton’s deed, it was agreed that the Judge should hear the cause and direct the jury what to find. It was admitted that the land was in said county; that the tenants, (who were…
1Opinion of the CourtWarner, J.
This was an action of ejectment, instituted in the Court below, by the heirs-at-law of Mark Thornton, deceased, to recover the possession of eleven acres of land in the city of Dalton, with the improvements thereon, including the depot building of the Western and Atlantic Rail Road. The plaintiffs insist, that they are entitled to recover the premises in dispute, upon the ground that Mark Thornton, the plaintiffs’ ancestor, conveyed the land by deed, on the 22d day of October, 1846, to the Governor of the State, and his successors *207in office, upon condition, that the same should be used as a “…
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