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Smith v. Wynn

36 S.E. 970, 111 Ga. 884, 1900 Ga. LEXIS 889
CourtSupreme Court of Georgia
DecidedAugust 9, 1900
StatusPublished
Cited by6 cases

This text of 36 S.E. 970 (Smith v. Wynn) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Wynn, 36 S.E. 970, 111 Ga. 884, 1900 Ga. LEXIS 889 (Ga. 1900).

Opinion

Little, J.

When a person against whom a dispossessory warrant has been sued out, on the ground that he is a tenant holding over, files a petition setting forth grounds for equitable interference with the execution of such warrant, and containing allegations sufficient of themselves to show that the plaintiff has title to the land by prescription, it is error to dismiss the petition on demurrer thereto Since the demurrer admits the truth of those allegations, the possession of the plaintiff must, in dealing with the demurrer, be treated as a possession held by him as owner and ; not as tenant. Judgment reversed.

All the Justices concurring.

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Related

Wright v. Roseman
71 S.E.2d 426 (Supreme Court of Georgia, 1952)
Flynn v. Merck
49 S.E.2d 892 (Supreme Court of Georgia, 1948)
Defloreo v. Tarvin
20 S.E.2d 29 (Supreme Court of Georgia, 1942)
Phillips v. Hightower
185 S.E. 339 (Supreme Court of Georgia, 1936)
Patterson v. Barron
169 S.E. 899 (Supreme Court of Georgia, 1933)
Sims v. Etheridge
150 S.E. 647 (Supreme Court of Georgia, 1929)

Cite This Page — Counsel Stack

Bluebook (online)
36 S.E. 970, 111 Ga. 884, 1900 Ga. LEXIS 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-wynn-ga-1900.