Fitzgerald Trust Co. v. Shepard

I. Where, as under the facts of the present case, an issue is made by the filing of a counter-affidavit to a summary proceeding to evict a tenant, the question to be determined is tenancy or no tenancy, and no question as to the landlord’s title is involved. Patrick v. Cobb, 122 Ga. 80 (49 S. E. 806); Hayes v. Hayes, 137 Ga. 362 (73 S. E. 659); Tatum v. Padrosa, 24 Ga. App. 259 (3) (100 S. E. 653). “The proceeding authorized in section 4813 et soq. of the Civil Code [Code of 1933, § 61-301 et seq.] is not one to try title to land; but is provided for the sole purpose of determining the right…