31 Ga. 583 | Ga. | 1860
By the Court. —
delivering the opinion.
The demurrer to the plea was properly overruled in this case, not on the ground relied on, that there had been a former recovery by the plaintiffs against others for the same cause of action, which is the foundation of this suit; but because the plea shows that the possession of the premises, by the defendant, for which this action of use and occupation is brought, was adverse to the title of the plaintiff; and for that the action does not lie. “The relation of landlord and
JUDGMENT.
■Whereupon, it. is considered and adjudged by the Court, that the judgment of the Court below be affirmed.