Durden v. Clack
Supreme Court of Georgia
Certiorari. Before Judge Jenkins. Morgan superior court. September term, 1893. Clack made affidavit to eject Miss Durden as an intruder upon 50 acres of land. She made a counter-affidavit, and tbe issue was tried in the county court, where the judge gave judgment for plaintiff.
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Certiorari. Before Judge Jenkins. Morgan superior court. September term, 1893. Clack made affidavit to eject Miss Durden as an intruder upon 50 acres of land. She made a counter-affidavit, and tbe issue was tried in the county court, where the judge gave judgment for plaintiff. By certiorari defendant assigned this ruling as error; and also excepted to the overruling of her motion to dismiss the case for want of jurisdiction, the remedy being by ejectment and not by proceeding against an intruder. It appears that in 1891 defendant made an absolute warranty deed- in consideration of $500,…
1Opinion of the Court
Simmons, Justice.
The summary remedy provided for in section 4072 of the code for the ejection of intruders, cannot be used for the purpose of trying title to land. It can only be used in cases where an intruder entei’s upon the land without claiming in good faith a right to its possession, .and refuses to abandon the same. If one sells land to •another and makes a conveyance to him, and afterwards refuses to give, up the possession, he cannot be removed, under this section of the code, as an intruder. In such ■case the purchaser must resort to some other remedy. If the vendor yields…
2Cited by11 opinions
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- Creecy v. GriefSupreme Court of Virginia · 1908
- Thompson v. GloverSupreme Court of Georgia · 1904
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