Legal Opinion · Dissent

Friendship Baptist Church, Inc. v. West

Supreme Court of Georgia

Decided October 16, 1995No. S95A0951Published

1DissentBenham, Chief Justice

I respectfully disagree with the majority’s conclusion that the trial court did not err when it denied Friendship Baptist Church’s motion for directed verdict. Accordingly, I dissent from the affir-mance of the judgment entered by the trial court.

1. The church sought a declaratory judgment that it had prescriptive title to the disputed parcel of land. “Title by prescription is the right to property which a possessor acquires by reason of the continuance of his possession for a period of time fixed by law.” OCGA § 44-5-160. In Georgia, prescription is a method of transferring interests in land…

2Cases cited12 opinions

  1. May v. SorrellSupreme Court of Georgia · 1922
  2. Hearn v. LeveretteSupreme Court of Georgia · 1957
  3. Smith v. HaydenSupreme Court of Colorado · 1989
  4. Ewing v. TannerSupreme Court of Georgia · 1937
  5. Seignious v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 1984

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