DocketNumber: No. 104
Citation Numbers: 18 Ga. 719
Judges: Lumpkin
Filed Date: 8/15/1855
Status: Precedential
Modified Date: 1/12/2023
delivering the opinion.
True, Col. Railey says, that let the final adjudication, as to the sufficiency of the process, be what it may, it will terminate the present proceeding. That if determined to be valid the recovery in ejectment, will stand; and if void, a new suit will have to be instituted. But in response to this, we suggest that the same is true of most of the cases which are pending when a new county is created out of an old one; still, the practice has been to transfer them according to the residence of the defendants, and the location of the lands, the titles to which are in dispute.
Besides, if the verdict stands, the writ of habere facias possessionem must issue, or if issued, must be enforced and returned in Taylor County. And is not this a good reason why the record should be transferred ? At any rate, as the proceeding is yet incomplete, it would seem to be more sym-metrical and more in conformity with the spirit of our Constitution, that the further litigation springing out of the ejectment, should be conducted in the county where the land lies.-