Supreme Court of Georgia, 1905

Sims v. Price

Sims v. Price
Supreme Court of Georgia · Decided May 15, 1905 · Fish
123 Ga. 97; 50 S.E. 961; 1905 Ga. LEXIS 381
Sims v. Price

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Fish, P. J.

Distress for rent will lie only where the relation of landlord and tenant exists between the parties. Cohen v. Broughton, 54 Ga. 296; Lathrop v. Standard Oil Co., 83 Ga. 307. Where ,the entry is under one holding adversely to another, the latter is not the landlord of the tenant. See Civil Code, § 3116.

Judgment affirmed.

All the Justices concur, except Candler, J., absent.

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