Stevens v. McCurdy
Supreme Court of Georgia
Complaint. Before Judge Roan. DeKalb superior court. January 21, 1905. John E. Stevens, as executor of the estate of Mrs. E. M. Baker, brought suit against J. F. McCurdy, and alleged, in substance: The testatrix niade a loan of $2,000 to one J. A. Campbell, and to secure its payment Campbell executed a security deed to her, conveying a lot of land in DeKalb county.
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Complaint. Before Judge Roan. DeKalb superior court. January 21, 1905. John E. Stevens, as executor of the estate of Mrs. E. M. Baker, brought suit against J. F. McCurdy, and alleged, in substance: The testatrix niade a loan of $2,000 to one J. A. Campbell, and to secure its payment Campbell executed a security deed to her, conveying a lot of land in DeKalb county. Campbell remained in possession of the premises, conducting thereon a general merchandise business, and, after default in the payment of his note, was adjudged a bankrupt. A trustee in bankruptcy took charge of Campbell’s effects,…
1Opinion of the CourtCobb, P. J.
To maintain an action for rents there must exist between the parties the relation of landlord and tenant. In the absence of an express contract creating this relation, an obligation to pay rent is generally implied, “when title is shown in the plaintiff and occupation by the defendant;” “but if the entry was not under the plaintiff, or if possession is adverse to him, no such implication arises.” Civil Code, §3116.
In the present case there was no express contract of rent, and the relation of landlord and tenant must arise under the above rule of law, or the action will fail. An absolute deed,…
2Cases cited5 opinions
- Polhill v. BrownSupreme Court of Georgia · 1890
- Biggers v. BirdSupreme Court of Georgia · 1876
- Markham v. BrownSupreme Court of Georgia · 1867
- Ray v. BoydSupreme Court of Georgia · 1895
- Morrow v. SawyerSupreme Court of Georgia · 1888
3Cited by6 opinions
- Redwine v. FrizzellSupreme Court of Georgia · 1937
- Few v. PouCourt of Appeals of Georgia · 1924
- Sweat v. ArlineSupreme Court of Georgia · 1938
- In Re Polo Club Apartments Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1993
- Uvalda Naval Stores Co. v. CullenSupreme Court of Georgia · 1927
1 more not listed; retrieve them via the Exa API.