Doe ex dem. Miller v. Roe
Supreme Court of Georgia
Ejectment. Non-suit. By Judge Pope. DeKalb Superior Court. October Term, 1868. So much of what occurred at the trial of this cause as is necessary, is this: Plaintiff’s attorneys read in evidence a bond made in said county by Swift to Miller, on the 22nd of July, 1863, in which Swift acknowledged that Miller had, that day, paid him $2,000 00, and had given to him two notes, one for $4,000 00, due on the 25th of December, 1863, and the other for $6,000 00, due on the 25th of…
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Ejectment. Non-suit. By Judge Pope. DeKalb Superior Court. October Term, 1868. So much of what occurred at the trial of this cause as is necessary, is this: Plaintiff’s attorneys read in evidence a bond made in said county by Swift to Miller, on the 22nd of July, 1863, in which Swift acknowledged that Miller had, that day, paid him $2,000 00, and had given to him two notes, one for $4,000 00, due on the 25th of December, 1863, and the other for $6,000 00, due on the 25th of December, 1864, with interest from the 25th of December, 1863, and bound himself to make to Miller or his executors and…
1Opinion of the CourtWarner, J.
This was an action of ejectment brought by the plaintiff to recover the possession of a certain lot in the town of Uithonia, containing six acres, and certain other lands which Miller, the plaintiff’s lessor, alleges he had purchased from Swift, the tenant in possession, in July, 1863. It appears *95from the record that Miller purchased the premises in dispute from Swift, paid part of the purchase-money, and gave his notes to Swift for the balance of the purchase-money, and that Swift made and delivered to Miller his bond, conditioned to make a title to the land to Miller when- he should pity…
2Cited by4 opinions
- Howell v. EllsberrySupreme Court of Georgia · 1888
- DeGraffenreid v. MenardSupreme Court of Georgia · 1898
- Poole v. Atlanta Joint Stock Land BankSupreme Court of Georgia · 1939
- Heath v. MillerSupreme Court of Georgia · 1949