Harold v. Modern Homes Const. Co.
| Decision Date | 22 September 1961 |
| Docket Number | No. 39020,No. 3,39020,3 |
| Citation | 121 S.E.2d 809,104 Ga.App. 415 |
| Parties | Henry HAROLD, Jr. v. MODERN HOMES CONSTRUCTION COMPANY |
| Court | Georgia Court of Appeals |
Syllabus by the Court
In order to evict a person in possession of land under the provisions of Code § 61-301 the relation of landlord and tenant must exist between the parties.
Modern Homes Construction Co., by its agent, executed an affidavit seeking to gain possession of certain real property then in the possession of the defendant Henry Harold, Jr. The defendant filed a counter affidavit and bond, and after the original affidavit was amended, the issue thus made came on for trial in the Superior Court of Coffee County. At the conclusion of all the evidence the defendant made a motion for directed verdict which was denied. Thereafter, after the jury returned a verdict for the plaintiff, the defendant's motion for a judgment non obstante veredicto or, in the alternative, for a new trial was overruled and it is to such judgment adverse to him that the defendant now excepts.
J. Laddie Boatright, Douglas, for plaintiff in error.
Robert L. Cork, Horace Campbell, Valdosta, for defendant in error.
Both the plaintiff and the defendant contended that their title was derived from W. M. Denton. The evidence disclosed the following facts without contradiction. On July 22, 1958, W. M. Denton made a deed conveying a vacant lot, the property in dispute, to Ollie Brackins, Jr., that the defendant's wife paid the consideration for such deed, and after such deed was signed it was delivered to a bank who held the same until the balance of the purchase price was paid, that on July 26, 1958, the warranty deed was recorded by the Clerk of the Superior Court of Ware County (the land was located in Coffee County), that on August 9, 1958, Ollie Brackins, Jr., executed a deed to secure debt on such property to the plaintiff which was recorded on August 11, 1958, that on September 20, 1958, such deed to secure debt was assigned to Commercial Trust Co. of Atlanta, Ga., that on July 14, 1959, the defendant obtained a quitclaim deed from W. M. Denton conveying the property in dispute, and on August 5, 1959, the plaintiff, as attorney in fact for Brackins, executed a deed to itself under the authority purportedly derived from the deed to secure debt, that on August 18, 1959, the deed to secure debt was re-purchased by the plaintiff from the assignee of such loan deed (Commercial Trust Co. of Atlanta, Ga.), and that on July 29, 1960, the plaintiff made affidavit in connection with the dispossessory warrant which formed the original pleadings in the present case.
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Thomas v. Wells Fargo Credit Corp.
...it purchased the property to rebut appellants' averments that appellee was not their landlord. See Harold v. Modern Homes Constr. Co., 104 Ga.App. 415, 416-417, 121 S.E.2d 809 (1961). 2. It is not clear from my reading of the record and briefs in this case that appellee seeks dismissal of t......
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Collins v. Administrator of Veterans Affairs
...the provisions of Code § 61-301, the relation of landlord and tenant must exist between the parties," (Harold v. Modern Homes Const. Co., 104 Ga.App. 412, 121 S.E.2d 809 (1961)), and "tenancy is not established by the mere showing of ownership in one person and possession in another" (Johns......