McMillan v. McCoy

Decided May 15, 1853

Supreme Court of Georgia · decided 1853-05-15

Ejectment, in Thomas Superior Court. Tried before Judge Hansell, May Term, 1852. The plaintiff in error brought suit for lot of land 145, in 14th district of Irwin, now Thomas County. He introduced a grant from the State, to James Jordan, to this lot; a deed from R. C. Hurst to Wm. N. Harrell; a mortgage fi. fa. against Harrell, and a Sheriff’s deed, (reciting a sale under tlie said fi. fa.) conveying the lot to the plaintiff.

Cited by 1 later decisions — most recently February 1974

1 state decisions

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Decided 1853-05-15

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¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3[1.] So far from the verdict, in the opinion of this Court, being manifestly and palpably erroneous, so much so, as to strike the mind at first blush, we think it was amply sufficient to warrant the finding, and consequently reverse the judgment of the Circuit Court, granting a new trial on the ground that the verdict was contrary to the testimony.