Vaughan v. Vaughan

Supreme Court of Georgia

Vaughan v. Vaughan

35 S.E. 650, 111 Ga. 807, 1900 Ga. LEXIS 729

CourtSupreme Court of Georgia

DecidedApril 5, 1900

StatusPublished

Cited by2 cases

This text of 35 S.E. 650 (Vaughan v. Vaughan) 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

Vaughan v. Vaughan, 35 S.E. 650, 111 Ga. 807, 1900 Ga. LEXIS 729 (Ga. 1900).

Pincite

Opinion

Simmons, C. J.

1. An affidavit to obtain a warrant to dispossess a tenant holding over should be sufficiently definite and certain in the description of the land to enable the sheriff to identify the premises.

2. It was proper to dismiss such a proceeding where the only description of the land was that deponent “is the owner of a certain tract of land in the 201st district G. M. of said county [the county having been previously named]. Said land being a part of the tract known as the 0. B. Vaughan land. . . That deponent has become the owner of said land, that is, so much of said tract as (33) thirty-three acres more or less ; and that deponent desires possession of the said thirty-three (33) acres as has been apportioned to the deponent from said C. B. Vaughan’s estate.”

Orme v. King, 60 Ga. 523. Judgment affirmed.

All the Justices concurring.

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Simmons, C. J.

1. An affidavit to obtain a warrant to dispossess a tenant holding over should be sufficiently definite and certain in the description of the land to enable the sheriff to identify the premises.

2. It was proper to dismiss such a proceeding where the only description of the land was that deponent “is the owner of a certain tract of land in the 201st district G. M. of said county [the county having been previously named]. Said land being a part of the tract known as the 0. B. Vaughan land. . . That deponent has become the owner of said land, that is, so much of said tract as (33) thirty-three acres more or less ; and that deponent desires possession of the said thirty-three (33) acres as has been apportioned to the deponent from said C. B. Vaughan’s estate.”

Orme v. King, 60 Ga. 523. Judgment affirmed.

All the Justices concurring.

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Bluebook (online)

35 S.E. 650, 111 Ga. 807, 1900 Ga. LEXIS 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughan-v-vaughan-ga-1900.

Opinion

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