Legal Opinion

Lessee of Griffith v. Wright

Supreme Court of Georgia

Decided May 15, 1855No. 17PublishedCited by 4 opinions

Ejectment, in Oglethorpe Superior Court. Tried before Judge Andrews, April Term, 1855. This was an action by the heirs of George Griffith, against John G. Wright, for a part of a tract of land divided by the county lino, between the Counties of Oglethorpe and Taliaferro, and upon which tract of land George Griffith lived prior to his death. The defendant set up title under a sale by one Glenn, as the administrator of George Griffith.

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Ejectment, in Oglethorpe Superior Court. Tried before Judge Andrews, April Term, 1855. This was an action by the heirs of George Griffith, against John G. Wright, for a part of a tract of land divided by the county lino, between the Counties of Oglethorpe and Taliaferro, and upon which tract of land George Griffith lived prior to his death. The defendant set up title under a sale by one Glenn, as the administrator of George Griffith. The letters of administration were granted by the Ordinary of Taliaferro County, and did not recite that Griffith resided in that county at the time of his…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

[1.] The fourth section of the Act of 1839,. “to make it the duty of the Clerks of the Court of Ordinary” to preserve evidence, &c. is in the following words: “ See. IV. In all cases hereafter, letters of administration shall only be granted by the Court of Ordinary of the county where the deceased resided at the time of his death, if a resident of .this State.”

Under this section, the Court of Ordinary of the county in which George Griffith resided at the,time of .his death, was thé only Court of Ordinary in the State which had power to grant…

2Cases cited1 opinion

  1. Towns ex rel. Clayton v. SpringerSupreme Court of Georgia · 1850

3Cited by4 opinions

  1. Maybin v. KnightonSupreme Court of Georgia · 1881
  2. Baca v. BuelNew Mexico Supreme Court · 1922
  3. Missouri Pacific Railway Co. v. BradleyNebraska Supreme Court · 1897
  4. RUCKER v. THE STATE (Two Cases)Supreme Court of Georgia · 2026

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