Doe ex. dem. Hesters v. Roe
Supreme Court of Georgia
Ejectment in Heard Superior Court. Tried before Hon. Dennis F. Hammond, at the September Term, 1860. This was an action brought in the name of John Doe, on the several demises of Zachariah Hesters, Bennett Beil, and James Bell, against Richard Roe, casual ejector, and Calvin Coats, tenant in possession, for the recovery of lot of land No. 274, in the 9th district of Heard county.
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Ejectment in Heard Superior Court. Tried before Hon. Dennis F. Hammond, at the September Term, 1860. This was an action brought in the name of John Doe, on the several demises of Zachariah Hesters, Bennett Beil, and James Bell, against Richard Roe, casual ejector, and Calvin Coats, tenant in possession, for the recovery of lot of land No. 274, in the 9th district of Heard county. The action was commenced on the 20th day of September, 1852. The defendant pleaded the general issue and the Statute of Limitations. The plaintiff, on the trial, proved the loons in quo, and possession of the tenant…
1Opinion of the Court
By the Gowrt.
Jenkins, J.,
delivering the opinion.
This case came before the Court, on exception to the judgment of the Court below, refusing a motion for a new trial, predicated on three grounds, which we will consider in their order.
The plaintiff below laid three demises in his declaration, viz: of Hesters, of Bennett Bell, and of James Bell.
Defendant pleaded the general issue and the Statute of Limitations. There is no contest as to the loous in quo. Plaintiff introduced a grant from the State of Georgia to Hesters, (his first lessor,) and closed.
Defendant relied on the sheriff’s deed for the…
2Cases cited2 opinions
- Allison v. ChaffinSupreme Court of Georgia · 1850
- Kinsey v. Lessee of SensboughSupreme Court of Georgia · 1855
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