41 Ga. 594
Decided January 15, 1871
Supreme Court of Georgia · decided 1871-01-15
Landlord and Tenant. Before Judge Harrell. Terrell Superior Court. May Term, 1869. On the 17th of May, 1869, the attorney of John Sealy, as agent of Mrs. Sealy, made affidavit that Kuttner was in possession of certain land therein described only as “tenant by sufferance,” and “not under contract for rent from -Sealy, agent, nor by contract with any other person authorized to rent the same,” and a' warrant issued thereupon to give Sealy, agent, possession of the same.
Cited by 1 later decisions — most recently September 1927
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1871-01-15
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¶1The Court below erred not in charging the jury as requested by plaintiff’s counsel, but in charging to the contrary thereof, as set forth in the record. When the relation of landlord' and tenant exists between the parties, the tenant has only a usufruct in the land, which he cannot convey, except by the landlord’s consent: Code, section 2253.
¶2Eet the judgment of the Court below be reversed.