Sunday, June 11, 2023

Curtis Lankford – evicted from Penfield property

Today I share another court record found within the unindexed images posted on the Family Search website. Curtis is the son of Charles L. Lankford and Miss Moore and the brother of my 3rd great grandfather, James Meriweather Lankford. Curtis was born February 4, 1828 in Jackson County, Georgia and died on June 13, 1887 in Penfield, Greene County, Georgia. 

Proceedings of Greene Superior Court
Michael Gain vs. Curtis Lankford: Possession Warrant

Georgia, Greene County. Personally came before me James W. Godkin, a Justice of the Peace in and for said County, Michael Gain, and he being duly sworn saith that he through his agent Simeon T. Peek did rent a lot of his in the Village of Penfield by the month at four dollars per month for the year 1862 to Curtis Lankford, that said Curtis Lankford’s rent expired on the 31st of Dec. 1862, and that said Curtis Lankford still holds possession of said lot and deponent further saith that he demanded possession of said tenant Curtis Lankford on the 24th Inst. and that said Curtis Lankford refused to give him possession. Sworn to before me this 30th day of Jany. 1863. J. W. Godkin, J.P.

Michael Gain

Georgia, Greene County. To the sheriff of said county or his deputy. Greeting, you are hereby commanded and required to deliver to Michael Gain the owner of a lot in the Village of Penfield, possession of said lot by removing from said premises the tenant Curtis Lankford with his property if found thereon away from said premises. Given under my hand and seal this 30th day of Jany. 1863. J. W. Godkin, J.P.

Curtis C. Lankford, the within named Tenant has made and delivered to me a counter affidavit which together with this warrant is this day returned by me to court. Feby. 7th, 1863. John D. English, Sheriff

State of Georgia, Greene County. Before the undersigned personally came Curtis C. Lankford, who on oath declares that his term of rent of a house and lot of land in or near Penfield in said county and state from one Michael Gain has not expired, and that he is not holding possession of the premises over and beyond his term of rent; this his term of rent does not expire until the thirty-first day of December eighteen hundred and sixty three, he deponent having rented said house and lot from the said Michael Gain for the year eighteen hundred and sixty three. Curtis [his mark] C. Lankford

Sworn to and subscribed before me by deponent making his mark this 4th day of February 1863. W. G. Johnson, J.I.C.

We the jury find the issue in favor of the plaintiff and find for the plaintiff one hundred and eighty-five dollars for his rent from 1st Jany. 1863 to 10th September 1866. James G. Ingram, Foreman

Whereupon it is considered and adjudged by the court that the plff. do recover of the defendant the sum of one hundred and eighty-five dollars for his principal and [blank] dollars cash in this behalf responded. Judgement signed Sept. 10th, 1866. James, L. Brown, Plffs. Atty.

Michael Gain vs. Curtis Lankford
Writ of Possession, Greene Superior Court, March Term 1866.

Upon hearing the foregoing case it is ordered by the court that the plaintiff Michael Gain have a writ of possession and that the clerk do issue a writ of possession in his favor and be by the Sheriff of Greene County placed in full possession of said premises.

Sept. 11, 1866.
Recorded this 4th day of October 1866. Isaac R. Hall, Clerk

It seems like a long gap for the courts to react—going from 1862 to 1866—but who am I to judge.

Note: Click on images to enlarge.

References

Greene, Special Proceedings Records 1860–1866, 1866–1870, image 214; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3M5-L3NS-V?view=explore&groupId=TH-909-81741-95149-73

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