Doe ex dem. Dearmond v. Roe
Supreme Court of Georgia
Ejectment, in Quitman Superior Court. Tried before Judge Perkins, and New Trial granted, at May Term, 1860. The plaintiffs in error brought this action to recover lot ®f land No. 79, in the 8th district of originally Lee, now Quit-man county. On the trial, plaintiff read in evidence the plat and grant to Boswell Cook, of Treadwell district, Richmond county.
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Ejectment, in Quitman Superior Court. Tried before Judge Perkins, and New Trial granted, at May Term, 1860. The plaintiffs in error brought this action to recover lot ®f land No. 79, in the 8th district of originally Lee, now Quit-man county. On the trial, plaintiff read in evidence the plat and grant to Boswell Cook, of Treadwell district, Richmond county. Also, a deed from Boswell Cook to W. P. Dearmond, made in Green county, and dated September 26th, 1829. John N. Green testified, for plaintiff, that in 1851 and 1852 defendant disclaimed the title, and said he would give the land when the…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
My recollection is, that this case was decided upon quite a different state of facts from those that appear in the Reporter’s statement. In fact, I know that we ordered a judgment of affirmance upon the following understanding, in addition to the reported facts, although the record itself is correctly reported: That the defendant put in evidence an exemplification of a judgment previously had in that Court, on a statutory form of action at the suit of John R. M. Neel against the defendant, in which there was a recovery by the defendant of the same…
2Cases cited1 opinion
- Sims v. SmithSupreme Court of Georgia · 1855