Roe v. Doe ex dem. Tait
Supreme Court of Georgia
Ejectment. Statute of Limitations. Prescription. Decided by Judge Worrill. Chattahoochee Superior Court. September Term, 1868. In 1860, ejectment was brought by John Doe, upon the demise of Roily Hopper against Richard Roe, casual ejector, and John Pollard, tenant in possession. On the 24th of September, 1867, the declaration was amended by laying a new demise in the name of Edmond B. Tait, as executor of the last will and testament of Roily Hopper, deceased.
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Ejectment. Statute of Limitations. Prescription. Decided by Judge Worrill. Chattahoochee Superior Court. September Term, 1868. In 1860, ejectment was brought by John Doe, upon the demise of Roily Hopper against Richard Roe, casual ejector, and John Pollard, tenant in possession. On the 24th of September, 1867, the declaration was amended by laying a new demise in the name of Edmond B. Tait, as executor of the last will and testament of Roily Hopper, deceased. The defence was the statute of limitations. The plaintiff’s attorney fead, in evidence, the plat and grant of the premises in dispute,…
1Opinion of the CourtMcCay, J.
This was action originally brought in 1860, in the name of John Doe, ex dem., Roily Hopper vs. Richard Roe and John Pollard, tenant-in-possession. On the trial, plaintiff introduced letters testamentary' to one Edmund B. Tait, on the estate of Roily Hopper, dated in 1857. As this showed Roily Hopper to have been dead at the commencement of the suit, the plaintiff, on the trial, 24th September, 18'67, added a new demise, in the name of Taifi, executor.
Defendant proved possession ever since the 5th of November, 1857, under a written deed from one Bonner, and relied upon his statutory title. The…
2Cited by15 opinions
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- King v. SearsSupreme Court of Georgia · 1893
- Dean v. FeelySupreme Court of Georgia · 1883
- Gunter v. SmithSupreme Court of Georgia · 1901
- Fraser v. DolvinSupreme Court of Georgia · 1945
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