Ryals v. Wilson
Supreme Court of Georgia
Ejectment. Before Judge R. C. Bell. Decatur superior court. February 7, 1921. Hollis Ryals brought a common-law action of .ejectment against Peter Wilson, to recover a fifty-acre tract in the northwest corner of lot of land No. 218 in the 16th district of Decatur County. To this action the defendant filed a plea of not guilty. The case proceeded to trial, and after the introduction of evidence by the plaintiff the court granted an order declaring a nonsuit.
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Ejectment. Before Judge R. C. Bell. Decatur superior court. February 7, 1921. Hollis Ryals brought a common-law action of .ejectment against Peter Wilson, to recover a fifty-acre tract in the northwest corner of lot of land No. 218 in the 16th district of Decatur County. To this action the defendant filed a plea of not guilty. The case proceeded to trial, and after the introduction of evidence by the plaintiff the court granted an order declaring a nonsuit. The plaintiff excepted. The evidence submitted by the plaintiff was all documentary. The bill of exceptions recites as follows: “The…
1Opinion of the CourtGilbert, J.
1. The court erred in rejecting the deed from Turman, administrator of the estate of Henry Bourne, to S. S. Mann. The Civil Code (1910), § 4030 declares: “The recital of a compliance with legal provisions in the administrator’s deed shall be prima facie evidence of the facts.” This provision was contained in the Code of 1861, § 2520, and was the law of this state prior to the judgment granted in this case by the ordinary. Clements v. Henderson, 4 Ga. 148 (3), 154 (48 Am. D. 216). The administrator’s deed does not in terms recite that an appi ication to sell was filed, but it does not negative…
2Cases cited6 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Doe ex dem. Clements v. RoeSupreme Court of Georgia · 1848
- Copelan v. KimbroughSupreme Court of Georgia · 1920
- Krause v. NolteIllinois Supreme Court · 1905
- Cottrell v. PickeringUtah Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shippen v. CloerSupreme Court of Georgia · 1957
- Brown v. GibsonSupreme Court of Georgia · 1948