Hollingsworth v. Dickey
Supreme Court of Georgia
Ejectment : from Calhoun county. Tried before Judge Allen. November Term, 1857. This was an action of ejectment brought by Doe on the several demises of John Hollingsworth and James Hollingsworth, executors of Thomas Hollingsworth,deceased, against Roe, cas. ejector, and Wallace W. Dickey, tenant in possession, to recover lot of land No. 158, in the 4th district of Calhoun county.
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Ejectment : from Calhoun county. Tried before Judge Allen. November Term, 1857. This was an action of ejectment brought by Doe on the several demises of John Hollingsworth and James Hollingsworth, executors of Thomas Hollingsworth,deceased, against Roe, cas. ejector, and Wallace W. Dickey, tenant in possession, to recover lot of land No. 158, in the 4th district of Calhoun county. On the trial, plaintiff introduced a grant from the State to John Hollingsworth, dated in Nov. 1821; then a deed from John Hollingsworth to Thomas Hollingsworth, the tesfa&sar,, for the premises, dated in November,…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
In is conceded that the defendant in ejectment is entitled to hold the land sued for, provided the Sheriff’s sale is valid, through which his title is derived. The land was sold under a Justices Court fi. fa., to which three objections are made. 1st. That the judgment upon which it issued, is dormant. 2d. That there should have been a return of no personal property, by a Constable of Twiggs county, where the judgment was obtained, as well as by a Constable of Early county, where the land was situated and sold: and 3d. That the execution being transferred…
2Cited by1 opinion
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