Jackson & Bros. v. Mowry
Cases that cite this one
5 later published cases cite this decision.
- Lathrop v. Standard Oil Co. (Ga. 1889)
- Stephens v. Pickering (Ga. 1941)
- Cleveland v. Watson (Ga. Ct. App. 1935)
- Roberts v. Roberts (Ga. Ct. App. 1929)
- Illinois Steel Co. v. Budzisz (Wis. 1909)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivering the opinion.
The action for use and occupation will not lie in this case.
It is argued, that in order to maintain this action, two things only are necessary to be proven, to-wit: Title in the plaintiff and possession by defendant. And while it is true that a contract to pay rent may be implied from these data, yet, if it shall affirmatively appear, as it does in this case, that the tenant disclaims holding under the plaintiffs, no such presumption can arise.
It would be absurd to imply that A agrees to pay B rent for the land he lives on, when A most stoutly denies it is B’s land. And such, we understand, is the well-settled doctrine of the books upon this subject; and in conformity thereto have been the rulings of this Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.