Markham v. Brown
Supreme Court of Georgia
Trespass. Tried before Judge Collier. Fulton Superior Court. October Term, 1867. Markham averred that Perino Brown, Clarke Howell, James M. Simmons, Edward Taliaferro and Powell Owen, on the 9th day of January, 1863, forcibly took possession of his certain farm and the tenements thereon, and kept him out of possession for eight months, — made á small-pox hospital of the premises, cut down his timber) burned his fences, and appropriated to their use, certain provisions…
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Trespass. Tried before Judge Collier. Fulton Superior Court. October Term, 1867. Markham averred that Perino Brown, Clarke Howell, James M. Simmons, Edward Taliaferro and Powell Owen, on the 9th day of January, 1863, forcibly took possession of his certain farm and the tenements thereon, and kept him out of possession for eight months, — made á small-pox hospital of the premises, cut down his timber) burned his fences, and appropriated to their use, certain provisions thereon, etc., etc., and that a slave belonging to him, from that hospital contracted small-pox and died therefrom. With…
1Opinion of the CourtWalkek, C. J.
This is an action of trespass, brought by the plaintiff in the Court below, against the defendants, for breaking and entering upon his premises, in the county of Fulton, known as the Davis place, and taking possession of the same, including the dwelling-house and other houses situated thereon, and expelling him therefrom for the space of eight months, and for other wrongs and injuries, done to him by the(defendants.
The right of enjoyment of private property in this State being an absolute right of every citizen, every act of another which' unlawfully interferes with such enjoyment, is a cause…
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