Curry v. Hendry

46 Ga. 631

Opinion

Montgomery, Judge.

The plaintiff below in this case having failed to show any force on the part of Curry in taking possession of the land, and the defendant having shown that he acquired possession peaceably, the verdict should have been for the defendant, and the certiorari should have been sustained. Force, in taking possession of the land on the part of the defendant, is the very gist of the proceeding — without it, he cannot be evicted by this process.

Judgment reversed.