Doe ex dem. Carruthers v. Roe
Supreme Court of Georgia
Ejectment. Tried before Judge Warren. In Baker Superior Court. June Term, 1847. The declaration in this case, contained a demise from the plaintiffs in error, as heirs at law of Joseph Carruthers, to John Doe. The defendant demurred,, on the ground that the heirs at law could not, in this State, maintain an action of ejectment. . The Court below sustained the demurrer and nonsuited the case, and the plaintiffs excepted.
1Opinion of the Court
By the Court.
Warner, J.,
delivering the opinion.
It appears from the record in this case, that an action of ejectment was instituted in the court below, for the recovery of the possession ,of lot of land number 254, in the third district of, originally, Early County, now Baker.
The plaintiff alleges a demise, in his declaration, from the heirs at law of Joseph Carruthers; and to this declaration there was a demurrer, on the ground, that the heirs at law of a decedent could not maintain the action of ejectment in this State. The court below sustained the demurrer and nonsuited the plaintiff, to…
2Cited by5 opinions
- Greenfield v. McIntyreSupreme Court of Georgia · 1901
- Goodtitle ex dem. Bond v. RoeSupreme Court of Georgia · 1856
- Holt v. AndersonSupreme Court of Georgia · 1896
- Head v. DriverSupreme Court of Georgia · 1887
- Hortman v. VissageSupreme Court of Georgia · 1940