Roe v. Doe ex dem. Baxter
Supreme Court of Georgia
Ejectment. In Whitfield Superior Court. Tried at the April Term, 1861, before Jambs Milner, Esq., an attorney at law, who, by consent of the parties, exercised the functions of Judge in said case, his Honor Judge Walker, having been of counsel in the case, and therefore incompetent to preside therein.
Read the full summary
Ejectment. In Whitfield Superior Court. Tried at the April Term, 1861, before Jambs Milner, Esq., an attorney at law, who, by consent of the parties, exercised the functions of Judge in said case, his Honor Judge Walker, having been of counsel in the case, and therefore incompetent to preside therein. This was an action instituted in the name of John Doe, on the demise of Eli H. Baxter, against Eichard Eoe, casual ejector, and Calvin Brumbalo, tenant in possession, for the recovery of lot of land Number 97, in the 13th district of the 3d section of Whitfield county. All the facts necessary to…
1Opinion of the Court
By the Court —
Jenkins, J. delivering the opinion.
In this case, the presiding Judge in the Court below instructed the jury that, under the facts presented by the evi-' dence, the plaintiff was entitled to recover. We have now to inquire whether or not that instruction was right. On the trial there were three distinct titles before the Court. Each of these titles was traced upward to Thomas Glascock, to whom, by regular chain, the title descended from the State of Georgia. The question to be considered is, whether the plaintiff, the defendant, or one James Morris, (not a party or privy to this…
2Cases cited1 opinion
- Morris v. BradfordSupreme Court of Georgia · 1856
3Cited by5 opinions
- Jenkins v. Southern Railway Co.Supreme Court of Georgia · 1899
- Holton v. MercerSupreme Court of Georgia · 1942
- Guthrie v. GaskinsSupreme Court of Georgia · 1930
- Waters v. DurrenceSupreme Court of Georgia · 1904
- Dumas v. ThomasSupreme Court of Georgia · 1939