Legal Opinion

Doe ex dem. Tenant v. Roe

Supreme Court of Georgia

Decided January 15, 1859PublishedCited by 9 opinions

Ejectment, in Clay Superior Court. Tried before Judge Kiddoo, at September Term, 1858. This was an action of ejectment, by John Doe, ex dem., Dial Peavy, and others, against Richard Roe, casual ejector, aud Stephen Blacker, tenant in possession, for lot of land No. 69, in the fifth district of originally Early, now Clay county.

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Ejectment, in Clay Superior Court. Tried before Judge Kiddoo, at September Term, 1858. This was an action of ejectment, by John Doe, ex dem., Dial Peavy, and others, against Richard Roe, casual ejector, aud Stephen Blacker, tenant in possession, for lot of land No. 69, in the fifth district of originally Early, now Clay county. The evidence on the part of the plaintiff, consisted of a grant from the State to Dial Peavy, dated 7th January, 1836; a deed from Peavy to Thomas Tenant, dated 3 )th May, 1840; then a deed from Tenant to George D. Wiley, dated 12th June, 1840 ; and the admission by…

1Opinion of the Court

By the Court.

Benning J.

delivering the opinion.

[1.] The first objection to the power of attorney, was not insisted on. And we think that there was nothing in the objection. The drawer has, before grant, a vendible interest; as this Court has repeatedly held. Dugas vs. Lawrence, 19 Ga. 557.

The second objection to the power of attorney, was, that its execution was not proved.

The power was recorded, and on the same day as the deed; and it was attested by two persons, one of whom, signed as a justice.of the peace. The deed was regularly recorded. Was all this enough to prove the power of attorney?

I…

2Cases cited1 opinion

  1. Dugas v. LawrenceSupreme Court of Georgia · 1856

3Cited by9 opinions

  1. Payton v. McPhaulSupreme Court of Georgia · 1907
  2. Garrett v. CrawfordSupreme Court of Georgia · 1907
  3. Van Dyke v. Van DykeSupreme Court of Georgia · 1905
  4. Moore v. AdamsSupreme Court of Georgia · 1922
  5. Sapp v. ClineSupreme Court of Georgia · 1908

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