Legal Opinion

Stamper v. Griffin

Supreme Court of Georgia

Decided June 15, 1856No. 53PublishedCited by 16 opinions

Ejectment, in Talbot. Tried before Judge Powers, March. Term, 1856. Martin W. Stamper brought his action of ejectment against. James B. Griffin for lot of land No. 207, in the 22d district, of said county.

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Ejectment, in Talbot. Tried before Judge Powers, March. Term, 1856. Martin W. Stamper brought his action of ejectment against. James B. Griffin for lot of land No. 207, in the 22d district, of said county. The following is a brief of the evidence introduced on the trial: Plaintiffs read to the Jury a grant from the State in due. form to the lot of land in dispute, No. 207, in the 23d (?) district of originally Muscogee, now Talbot County, to Daniel, pettier, of McDonnel’s district, Chatham County, dated December 11th, 1832 ; also, a deed from Daniel Zettler to Martin W. Stamper to said…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

Possession, to be available as a defence under the Statute of Limitations, must be adverse to the title of the true owner, and must be held under a bona fide claim of right and color of title.

A forged writing maybe the foundation of a bona fide claim of right and color of title; but not without it is believed to-be a genuine writing.

Of course much more may a genuine writing be such foundation.

But, in ejectment, no writing can be received in evidence as a genuine writing, until it has been proved to be a genuine one, and none as a forgery until it…

2Cited by16 opinions

  1. Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
  2. Snyder v. Charleston & Southside Bridge Co.West Virginia Supreme Court · 1909
  3. Thompson v. BaxterSupreme Court of Minnesota · 1909
  4. Neal v. NelsonSupreme Court of North Carolina · 1895
  5. Bergesen v. ClaussIllinois Supreme Court · 1958

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