Dean v. Feely
Supreme Court of Georgia
Wills. Estates. Title. Prescription. Statute of Limitations. Mesne Profits. Set Off. Witness. Before Judge Tompkins. Chatham Superior Court. June Term, 1882. In 1875, ejectment was brought, on the demise of Mary Louise O’Byrne, against Feely et al., as tenants in possession. There were two counts in the declaration. The first alleged the lease and ouster in 1861 ; the second was for mesne profits from that time.
Read the full summary
Wills. Estates. Title. Prescription. Statute of Limitations. Mesne Profits. Set Off. Witness. Before Judge Tompkins. Chatham Superior Court. June Term, 1882. In 1875, ejectment was brought, on the demise of Mary Louise O’Byrne, against Feely et al., as tenants in possession. There were two counts in the declaration. The first alleged the lease and ouster in 1861 ; the second was for mesne profits from that time. Pending the suit, the plaintiff’s lessor died testate, and Dean, her executor, was made a party plaintiff. Defendant pleaded the general issue; prescriptive title; the general statute…
1Opinion of the Court
Hall, Justice.
The bills of exceptions of the defendants, filed pendente lite, were brought up in the record, error was assigned thereon, and they were ably and exhaustively discussed here. The questions they make relate exclusively to the titles in controversy, and are:
(i.) That when Mary Louise O’Byrne made the lease to John Doe, on the first day of January, 1861, the legal *811title was in Anthony Porter, who was executor of the will of Lawrence O’Byrne, under which she claims title.
(2.) There was no title in her as the plaintiff’s lessor at the time of the trial, as she was then dead ; that…
2Cases cited14 opinions
- Beverly v. BurkeSupreme Court of Georgia · 1851
- Dean v. Central Cotton Press Co.Supreme Court of Georgia · 1880
- Jackson v. LudelingSupreme Court of the United States · 1879
- Lake v. HardeeSupreme Court of Georgia · 1876
- Roe v. Doe ex dem. TaitSupreme Court of Georgia · 1868
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Austell v. SwannSupreme Court of Georgia · 1885
- Jones v. ShufflinWest Virginia Supreme Court · 1898
- Smith & Shoptaw v. StantonSupreme Court of Arkansas · 1933
19 more not listed; retrieve them via the Exa API.