82 Ga. 226 | Ga. | 1888
It appears, from the record in this case, that B. W. Morrow rented a tract of land to J. C. Sawyer for the year 1885. Morrow had not fully paid for the land. During the term for which Sawyer had rented the land, to wit, in April, 1885, Morrow got his brother, J. H. Morrow, to give his note for the balance due on the land, $55, and had Kimball to make a deed to the land to J. II. Morrow. At the expiration of Sawyer’s term, J. TI. Morrow demanded possession of the land, and Sawyer refused to yield it. J. II. Morrow then filed his affidavit, under section 4077 of the code, setting out that he was the owner of the land, that he had become the purchaser thereof from B. W. Morrow after Sawyer had rented it, that Sawyer was holding over beyond his term, and that he had demanded possession of Sawyer and had been refused. A warrant was thereupon issued to eject Sawyer from the premises. The proceedings were arrested by Sawyer’s tendering to the officer a counter-affidavit ; in which affidavit he alleged that he did not hold the premises, either by lease or rent, or at will or by sufferance, or otherwise, from J. II. Morrow, or from any one under whom he claimed, nor from any one claiming under him. On the trial of the case, J. II. Morrow showed the facts above recited, and closed. Sawyer made a motion to nonsuit, which was granted by the court, upon the ground that J. EL Morrow, not being the landlord who rented the premises to Sawyer, could not eject Sawyer by this, summary remedy; or in other words, the court held that section 4077 of the code did not apply to a purchaser of land after it had been rented. Morrow excepted, and brought the case here for review.
Judgment reversed.