104 Ga. App. 415 | Ga. Ct. App. | 1961
Both the plaintiff and the defendant contended that their title was derived from W. M. Denton. The evidence disclosed the following facts without contradiction. On July 22, 1958, W. M. Denton made a deed conveying a vacant lot, the property in dispute, to Ollie Brackins, Jr., that the defendant’s wife paid the consideration for such deed, and after such deed was signed it was delivered to a bank who held the
“1. ‘Under the provisions of Section 5385 of the Civil Code (1910), [61-301] in order to maintain a proceeding to evict a person in possession of land, the relation of landlord and tenant must exist between the parties.’ Edwards v. Blackshear, 24 Ga. App. 622 (101 SE 585), and cit. 2. ‘Where all right, title and interest of an owner of land has been divested by a sale made pursuant to a power of sale given by him in a deed to the land to secure a debt, and he thereafter remains in possession, he is a tenant at sufferance of the purchaser, and, as such, may be summarily dispossessed, as provided in Section 5385 of the Civil Code of 1910.’ Anderson v. Watkins, 42 Ga. App. 319 (156 SE 43). 3. Under the amended affidavit of the plaintiffs and the counter-affidavit of the defendant, the title to the disputed premises was necessarily, though only incidentally, involved in this proceeding.” Radcliffe v. Jones, 46 Ga. App. 33 (166 SE 450).
In Downs v. Weaver, 58 Ga. App. 259 (1) (198 SE 292), it was held: “One who seeks to dispossess a person as tenant of premises, on the ground that the relation of landlord and tenant arose by virtue of title to the property acquired by the plaintiff at a sale of the property had under a power of sale in a deed to secure debt, made by the defendant or one under whom
Judgment reversed with direction.