Stephens v. Walker

Jenkins, Justice.

1. By analogy to the rule that an action to recover land can be defeated by a prescriptive title acquired by seven-years possession under color of title, the period of limitation applicable to an equitable suit for cancellation of a deed is seven years from the date of its execution. Harris v. Neuman, 179 Ga. 879, 883 (177 S. E. 698), and cit.; Pierce v. Middle Georgia Land & Lumber Co., 131 Ga. 99 (4), 103 (61 S. E. 1114); Knox v. Yow, 91 Ga. 367 (5), 376 (17 S. E. 654); Whittle v. Nottingham, 164 Ga. 155, 161 (138 S. E. 62). An exception to this rule has been noted, where…