Roe v. Doe ex dem. Cato's Orphans
Supreme Court of Georgia
Ejectment, from Fannin county. Tried before Judge Rice, at October Term, 1858. This was an action of ejectment brought by John Doe, upon the several demises of John Cato’s orphans, Daniel Cato, Elijah Johnson, and the executor of Abel N. Dugger, deceased, against Richard Roe, casual ejector, and John Lee' and Sampson ProweSl, tenants in possession, for the recovery of lot of land number fifty-seven, (57,) in the ninth district of originally Cherokee now Fannin county,…
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Ejectment, from Fannin county. Tried before Judge Rice, at October Term, 1858. This was an action of ejectment brought by John Doe, upon the several demises of John Cato’s orphans, Daniel Cato, Elijah Johnson, and the executor of Abel N. Dugger, deceased, against Richard Roe, casual ejector, and John Lee' and Sampson ProweSl, tenants in possession, for the recovery of lot of land number fifty-seven, (57,) in the ninth district of originally Cherokee now Fannin county, containing one hundred and sixty acres. The defendant pleaded the general issue and the statute of limitations. Upon the trial…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The only question we deem it our duty to consider and decide in this case is this: Concede that George W. Slappey bought of Daniel Cato, the orphan of John Cato, deceased, ■with notice of the prior unrecorded deed, made by Daniel Cato to Elijah Johnson, and sold to Samuel Rutherford, who bad no notice of the conveyance to Johnson — is Rutherford protected in his purchase ?
As between Johnson and Slappey, the two immediate grantees of Cato, the Act of 1837 declares, that Johnson’s title shall prevail. That Act settles nothing beyond this; and such…
2Cases cited2 opinions
- Herndon v. Doe ex dem. KimballSupreme Court of Georgia · 1849
- Truluck v. PeeplesSupreme Court of Georgia · 1847
3Cited by1 opinion
- Peavy v. DureSupreme Court of Georgia · 1908