84 Ga. 561 | Ga. | 1890
The main question in the case is whether rents paid by Mrs. Lamar to Sheppard, during the first year after the tax sale at which Sheppard purchased, can now be treated as having been paid towards redeeming the prem
2. As to the two tenders relied upon, one made by Mrs. Lamar and thé other by Harris at the request of Lamar himself, neither of them, according to the evidence, was sufficient in amount to effect redemption, the sum paid at the tax sale being $15.00 and the ten per cent, premium thereon amounting to $1.50, raising the aggregate to $16.50. Neither of these parties tendered more than $15, nor did either of them have at the time more than $16. If Sheppard said it would lake $50, that would have excused the production of the money, had the person making the tender been possessed
8. In the affidavit for a warrant to evict a tenant holding over, the amount of rent due and unpaid need not be specified. The grounds of the warrant are failure to pay overdue rent and refusal to surrender possession on demand. These facts being sworn to, the warrant may issue. Code, §4077.
4. That the warrant was issued by the county judge and made returnable to the county court, would not divest the superior court of jurisdiction to try and determine the issue made by the counter-affidavit. The code, §4080, expressly declares that the proceeding shall be returned to the superior court for trial by a special jury. This is the direction given by the statute, and the officer could obey it notwithstanding the direc
There was no error in refusing to grant a new trial.
Judgment affirmed.