Payne v. Ormond
Supreme Court of Georgia
Ejectment. Continuance. Evidence. Limitation of Actions. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. The material facts in the case are as follows: On the 17th of September, 1861, ejectment was brought for land lot number seventy-five, in the fourteenth district, formerly DeKalb, now of said county, upon the demise of Payne, as administrator of John McCranie, against William McNaught, James Ormond and John Lee, tenants in possession.
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Ejectment. Continuance. Evidence. Limitation of Actions. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. The material facts in the case are as follows: On the 17th of September, 1861, ejectment was brought for land lot number seventy-five, in the fourteenth district, formerly DeKalb, now of said county, upon the demise of Payne, as administrator of John McCranie, against William McNaught, James Ormond and John Lee, tenants in possession. The defendants pleaded not guilty, and the prescription of seven years adverse possession. At the trial, McNaught and Ormond admitted that…
1Opinion of the Court
McCay, Judge.
1. This action had been pending for several years before the adoption of the New Rules. The defendants had filed their plea, and, as the rule stood at the time, they were in a proper condition to defend. At the October Term, 1870, the case was called, and both sides announced ready. The *525plaintiffs moved to dismiss the plea, as the defendants did not admit the possession. This the defendants, McNaught and Ormond, could not, with truth, do, as they were only in possession of the east half of the lot. "What were they to do ? The rule is imperative. They did the only thing in their…
2Cited by18 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Bullock & Co. v. DunbarSupreme Court of Georgia · 1902
- Slade v. BarberSupreme Court of Georgia · 1946
- Sibley v. HaslamSupreme Court of Georgia · 1886
- Brown v. CarakerSupreme Court of Georgia · 1917
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