Cowart v. Maddox

Court of Appeals of Georgia

Cowart v. Maddox

95 S.E. 719, 22 Ga. App. 197, 1918 Ga. App. LEXIS 239

CourtCourt of Appeals of Georgia

DecidedApril 11, 1918

Docket9095

StatusPublished

This text of 95 S.E. 719 (Cowart v. Maddox) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cowart v. Maddox, 95 S.E. 719, 22 Ga. App. 197, 1918 Ga. App. LEXIS 239 (Ga. Ct. App. 1918).

Pincite

Opinion

Jenkins, J.

A tenant can not dispute his landlord’s title, or attorn to another claimant, without first surrendering possession of the premises. The evidence introduced, with all reasonable deductions or inferences therefrom, having demanded a finding that no such surrender had been made, and there being no dispute as to the amount involved, the judge did not err in directing a verdict for the plaintiff in the distress warrant proceedings.

Judgment affirmed.

Wade, O. J., and Luhe, J., eon’eur.

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Jenkins, J.

A tenant can not dispute his landlord’s title, or attorn to another claimant, without first surrendering possession of the premises. The evidence introduced, with all reasonable deductions or inferences therefrom, having demanded a finding that no such surrender had been made, and there being no dispute as to the amount involved, the judge did not err in directing a verdict for the plaintiff in the distress warrant proceedings.

Judgment affirmed.

Wade, O. J., and Luhe, J., eon’eur.

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Bluebook (online)

95 S.E. 719, 22 Ga. App. 197, 1918 Ga. App. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowart-v-maddox-gactapp-1918.