60 Ga. 116 | Ga. | 1878
This was an action of ejectment brought by the plaintiffs against Richard Roe, casual ejector, T, N. Killen, tenant in possession, and W. S. Holt, president of the Southwestern Railroad, to recover the possession of a lot of land therein described. The original process only required the defendant, Killen, as the tenant in possession, to appear at court and answer the plaintiffs’ demand. This process was served on the defendant, Killen, on the 17th of April, 1876. On the 2d of May, 1876, a copy of the writ was served, as appears by the sheriff’s re turn, on Wm. S. Holt, president Southwestern Railroad Company. The defendant, Killen, filed a plea under oath, in which he alleged that he was not, at the commencement of said action, and had not been for twelve months previous thereto, the tenant in possession of the premises sued