Cox v. Berry
Supreme Court of Georgia
Ejectment, from Gilmer Superior Court. Tried before Judge Irwin. November Term, 1852. Tbis case was submitted on an agreed statement of facts. Jesse Berry and others, in March, 1846, brought their action of ejectment against Emanuel Rose, tenant in possession,' to which William Cox, as landlord, was made co-defendant. On the trial, which took place in September, 1849, the plaintiffs failed to prove Rose in possession, and dismissed their case.
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Ejectment, from Gilmer Superior Court. Tried before Judge Irwin. November Term, 1852. Tbis case was submitted on an agreed statement of facts. Jesse Berry and others, in March, 1846, brought their action of ejectment against Emanuel Rose, tenant in possession,' to which William Cox, as landlord, was made co-defendant. On the trial, which took place in September, 1849, the plaintiffs failed to prove Rose in possession, and dismissed their case. Within six months they commenced the present action for the same land, against John Welch, tenant in possession, to which also William Cox was made…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering tbe opinion.
[1.] Our attention is directed to the inquiry whether, under the circumstances of this case, the defendant in the action, Cox, is entitled to the protection of the Statute of Limitations. What are the circumstances ? The plaintiff in the ejectment, Jesse Berry, brought suit in 1846, for a lot of land against Emanuel Rose, tenant in possession, to which William Cox was made a party in the usual form, as landlord. There was a verdict for the plaintiff on the first trial, and an appeal. Upon the trial of the appeal in 1849, the plaintiff failing to…
2Cited by16 opinions
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