Supreme Court of Georgia, 1900

Vaughan v. Vaughan

Vaughan v. Vaughan
Supreme Court of Georgia · Decided April 5, 1900 · Simmons
111 Ga. 807; 35 S.E. 650; 1900 Ga. LEXIS 729
Vaughan v. Vaughan

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.