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73 Ga. 126

Jackson v. Dickson

Supreme Court of Georgia

Decided April 15, 1884

Supreme Court of Georgia · decided 1884-04-15

<p>A husband against whom a proceeding has been instituted as an intruder, under §4072 of the Code, may make and tender to the sheriff a counter-affidavit that he is in possession in right of his wife, and as her agent, so as to make an issue for trial of that right of possession.</p>

Judgment reversed · Decided 1884-04-15

Jackson, Chief Justice.

¶1[A. J. Dickson, as attorney in fact for his wife, Fannie Dickson, sued out a warrant to dispossess Robert Jackson, as an intruder on certain land. , Jackson filed a counter-affidavit, to the effect that, as agent for his wife, Ellen Jackson, he claimed, in good faith, the right of possession. The court held this insufficient, and dismissed the counter-affidavit. Defendant excepted.]

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