Legal Opinion

Howard v. Reedy

Supreme Court of Georgia

Decided June 15, 1859PublishedCited by 10 opinions

Motion for new trial. Decided by Judge Worrill, in Talbot Superior Court, March Term, 1859. In August, 1855, suit was brought by William Reedy against John Howard, for the recovery of the south half of lotof land number 131, in the 22d district of Talbot count}?-. On the trial, the plaintiff offered in evidence several deeds, which showed a complete paper title to said half lot.

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Motion for new trial. Decided by Judge Worrill, in Talbot Superior Court, March Term, 1859. In August, 1855, suit was brought by William Reedy against John Howard, for the recovery of the south half of lotof land number 131, in the 22d district of Talbot count}?-. On the trial, the plaintiff offered in evidence several deeds, which showed a complete paper title to said half lot. He then proved that Howard was in possession of four and a quarter acres of said half lot, lying on the north side of the same. Defendant proved by George Ramil that, in January, 1844, ihe occupied and claimed what he…

1Opinion of the Court

— Lumpkin J.

By the Court.

delivering the opinion.

We are unwilling to award anew trial in this case. There is proof sufficient to support the verdict, and the Circuit Judge has refused to disturb it.

There is no proof of any actual agreement between the parties, that the line actually run should be the dividing line between them, irrespective of the true line. The line was ran under the idea, as we infer from the testimony, that it was the true line; and the occupation and claim of Howard was always based upon that ground. Plis possession, therefore, originated in, and continued under, a mistake…

2Cited by10 opinions

  1. Liddon v. HodnettSupreme Court of Florida · 1886
  2. Martin v. CoxSupreme Court of Oklahoma · 1912
  3. Winn v. AbelesSupreme Court of Kansas · 1886
  4. Riddle v. SheppardSupreme Court of Georgia · 1904
  5. Walton v. SikesSupreme Court of Georgia · 1927

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