Roe v. Doe ex dem. Davenport
Supreme Court of Georgia
Ejectment. Landlord and tenant. Attornment. Before Judge Harreee. Randolph Superior Court, May Term, 1872. • John Doe, on the several demises of Smith Davenport and of Eranklin B. Morris and Thomas Morris, as executors upon the estate of James Morris, deceased, brought 'ejectment against Richard Roe, casual ejector, and O. P. Beall and B. J. Smith tenants in possession, for a tract of land in the county of Randolph, and mesne profits. The defendant pleaded the general issue.
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Ejectment. Landlord and tenant. Attornment. Before Judge Harreee. Randolph Superior Court, May Term, 1872. • John Doe, on the several demises of Smith Davenport and of Eranklin B. Morris and Thomas Morris, as executors upon the estate of James Morris, deceased, brought 'ejectment against Richard Roe, casual ejector, and O. P. Beall and B. J. Smith tenants in possession, for a tract of land in the county of Randolph, and mesne profits. The defendant pleaded the general issue. The evidence disclosed the following facts: The premises in dispute were conveyed to James Morris by Smith Davenport on…
1Opinion of the Court
McCay, Judge.
We think the Judge carried the doctrine of the estoppel of a tenant entirely too far, and especially did he err in rejecting the evidence. Whether one is estopped — that-is, whether such facts exist as estop a party, (unless that estoppel be by matter of record) it is for the jury to decide, and not the Judge. The Judge must tell the jury what the law is, and the jury under the evidence decides the result. Is the Judge, as soon as some evidence is offered showing that the defendant is the tenant of the plaintiff, to weigh that evidence, decide that he is tenant, and stop all his…
2Cases cited1 opinion
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
3Cited by11 opinions
- Stanley v. StembridgeSupreme Court of Georgia · 1913
- Grizzard v. RobertsSupreme Court of Georgia · 1900
- Raines v. HindmanSupreme Court of Georgia · 1911
- Cottle v. Harrold, Johnson & Co.Supreme Court of Georgia · 1884
- Hines v. LavantSupreme Court of Georgia · 1924
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