Barnes v. Shinholster
Supreme Court of Georgia
Action for rent, in Bibb Superior Court. Tried before Judge Powers, May Term, 1858. This was an action, brought by Sbinholster, to recover of Barnes, for the use and occupation of a house and land of plaintiff near Macon, which the defendant had occupied about a year. The defendant plead, that he had gone into possession of the land, on a contract of purchase, and not as tenant. He likewise pleaded, by the way of set off, that he had put certain improvements on the premises.
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Action for rent, in Bibb Superior Court. Tried before Judge Powers, May Term, 1858. This was an action, brought by Sbinholster, to recover of Barnes, for the use and occupation of a house and land of plaintiff near Macon, which the defendant had occupied about a year. The defendant plead, that he had gone into possession of the land, on a contract of purchase, and not as tenant. He likewise pleaded, by the way of set off, that he had put certain improvements on the premises. The last plea was ruled out by the Court. Absalom Jordan, testified for plaintiff, that he heard a conversation between…
1Opinion of the Court
By the Oourt.
Starnes, J.
delivering the opinion.
[1.] In the progress of this cause, the testimony of Allen Johnson and Leyman H. Barnes, taken by commission, Avas offered by defendant in the Court beloAV, and ruled out by the Court, on the ground that it was an effort to prove title to real estate by parol.
We are of opinion, that the Court did not draw the correct distinction Avhen thus ruling.
This was an action for use and occupation; and the relation of landlord and tenant, between the parties, is necessary to sustain such an action. 1 Chitty Ch. P. 121. 1 T. R. 378, 386, 387. Lord Ray,…
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