Doe ex. dem. Foster v. Roe
Supreme Court of Georgia
Ejectment, in Talbot. Tried before fudge Worried, March Term, 1857. This was an action of ejectment brought by John Doe, ex. dem., Lewis A. Foster, against George W. Jones, tenant in possession, for the recovery of five acres of land, situated in the village of Talbotton. The defendant pleaded the general issue, and the statute of limitations. Plaintiff showed title in his lessor, proved the possession of defendant, and closed.
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Ejectment, in Talbot. Tried before fudge Worried, March Term, 1857. This was an action of ejectment brought by John Doe, ex. dem., Lewis A. Foster, against George W. Jones, tenant in possession, for the recovery of five acres of land, situated in the village of Talbotton. The defendant pleaded the general issue, and the statute of limitations. Plaintiff showed title in his lessor, proved the possession of defendant, and closed. Defendant offered in evidence the exemplification of the record, in a case of attachment, issued by Cyrus Robinson against Mary White; from which it appeared that…
1Opinion of the Court
*170By the Court. —
Lumpkin, J.
delivering the opinion.
It is in proof, that Bethune was duly appointed guardian, ad litem, of the defendant in attachment; and that he accepted the trust. The judgment was, consequently, regular, whether he acted or not. Whether he has made himself responsible to his ward, for failing to act, is not for us to determine.
But concede that the trust was never accepted, still, a judgment against a lunatic is not necessarily void. And a sale under it, by the Sheriff, would be good, and the purchaser protected. Whether the lunatic could follow the proceeds, provided there…
2Cited by19 opinions
- Withrow v. SmithsonWest Virginia Supreme Court · 1893
- Woods v. BrownIndiana Supreme Court · 1884
- Maloney v. DeweyIllinois Supreme Court · 1889
- Speck v. Pullman Palace Car Co.Illinois Supreme Court · 1887
- Gray v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1928
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