Skinner v. Willis
Supreme Court of Georgia
Ejectment. Title. Judicial sale. Vendor and purchaser. Before Judge Hall. Newton Superior Court. September Term, 1874. Willis brought ejectment against John Skinner and Joseph Bridges for a tract of land in Newton county. The record fails to set forth either the declaration or the plea.
Read the full summary
Ejectment. Title. Judicial sale. Vendor and purchaser. Before Judge Hall. Newton Superior Court. September Term, 1874. Willis brought ejectment against John Skinner and Joseph Bridges for a tract of land in Newton county. The record fails to set forth either the declaration or the plea. The evidence presented the following facts: On July 10th, 1848, one Harry Camp mortgaged the land in controversy to Adams, Hopkins & Company, of which firm the plaintiff was a member, to secure the payment of $4,-252 28. This mortgage was foreclosed, a levy of the execution made on June 20th,- 1854, and on the…
1Opinion of the Court
McCay, Judge.
1. We assume that the declaration in this case contained the averments necessary to authorize the introduction of the evidence on which this case went to the jury. Under our action for land provided for by section 3389 of the Code, the precise nature of the plaintiff’s claim may be set forth in his abstract of title. So in the action of ejectment the demises may be so laid as to set out precisely the' nature of the plaintiff’s claim to the land. As the writ does not form a part of the record, we, as is the rule in such cases, will presume it was sufficient to authorize the…
2Cited by2 opinions
- Riddle v. ShoupeSupreme Court of Georgia · 1917
- Temples v. TemplesSupreme Court of Georgia · 1883