Williams v. Federal Land Bank

Court of Appeals of Georgia

Williams v. Federal Land Bank

162 S.E. 408, 44 Ga. App. 606, 1932 Ga. App. LEXIS 417

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1932

Docket21555

StatusPublished

Cited by10 cases

This text of 162 S.E. 408 (Williams v. Federal Land Bank) 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

Williams v. Federal Land Bank, 162 S.E. 408, 44 Ga. App. 606, 1932 Ga. App. LEXIS 417 (Ga. Ct. App. 1932).

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Opinion

Jenkins, P. J.

Under the rulings by this court in Hill v. Kitchens, 39 Ga. App. 789 (2, 4) (148 S. E. 754), and Anderson v. Watkins, 42 Ga. App. 319, 320 (156 S. E. 43), and the authorities therein cited, the defendants in the instant eviction proceeding, instituted under the provisions of the Civil Code (1910), § 5385, who had entered upon the premises as tenants of a landlord who held only a beneficial interest in the land, the plaintiff holding a deed thereto, with power of sale, to which deed the rights of the defendant’s landlord were subject, became the tenants at sufferance of the plaintiff upon the exercise by it of the power of sale contained in its deed to the premises and its becoming the purchaser of the land at such sale and demanding possession thereof from the defendants. Accordingly, the plaintiff was entitled to maintain a statutory eviction proceeding under the code-section cited, and the court did not err in directing a verdict in its favor.

Judgment affirmed.

Stephens and Bell, JJ., concur.

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Jenkins, P. J.

Under the rulings by this court in Hill v. Kitchens, 39 Ga. App. 789 (2, 4) (148 S. E. 754), and Anderson v. Watkins, 42 Ga. App. 319, 320 (156 S. E. 43), and the authorities therein cited, the defendants in the instant eviction proceeding, instituted under the provisions of the Civil Code (1910), § 5385, who had entered upon the premises as tenants of a landlord who held only a beneficial interest in the land, the plaintiff holding a deed thereto, with power of sale, to which deed the rights of the defendant’s landlord were subject, became the tenants at sufferance of the plaintiff upon the exercise by it of the power of sale contained in its deed to the premises and its becoming the purchaser of the land at such sale and demanding possession thereof from the defendants. Accordingly, the plaintiff was entitled to maintain a statutory eviction proceeding under the code-section cited, and the court did not err in directing a verdict in its favor.

Judgment affirmed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

162 S.E. 408, 44 Ga. App. 606, 1932 Ga. App. LEXIS 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-federal-land-bank-gactapp-1932.

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