Legal Opinion

Riley v. Griffin

Supreme Court of Georgia

Decided August 15, 1854No. 20PublishedCited by 43 opinions

Ejectment, in Bibb Superior Court. Tried before Judge Powers, May Term, 1854. This action was brought by the defendants in error, against the plaintiff in error, to recover a lot of land in the County of Bibb.

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Ejectment, in Bibb Superior Court. Tried before Judge Powers, May Term, 1854. This action was brought by the defendants in error, against the plaintiff in error, to recover a lot of land in the County of Bibb. The plaintiffs in the action, introduced a grant from the State to Lewis L. Griffin, one of tire lessors of the plaintiff, dated in 1836, to fractional Lot No. 3, in said county, and introduced testimony,, showing that the grant covered the premises in dispute, and that defendant was in possession, at the time of bringing the writ. Defendant introduced a deed from Willis Wilder to O. H.…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] We recognize the doctrine, that a possession which is the result of ignorance, inadvertence, misapprehension, or, in other words, mistake, will not work a disseizin — as, for instance, A has a grant to Lot No. 2; he is a stranger in the country, and calls upon some one residing in the vicinity of his land, who points out No. 3 instead of No. 2. A, acting upon this mistake, and not intending to occupy any other land than that which his grant covers, enters upon No. 3 and lives on it as his own for more than seven years. An occupancy, under…

2Cases cited3 opinions

  1. Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
  2. Makepeace v. BancroftMassachusetts Supreme Judicial Court · 1815
  3. Comegys v. CarleySupreme Court of Pennsylvania · 1834

3Cited by43 opinions

  1. Osteen v. WynnSupreme Court of Georgia · 1908
  2. Grube v. WellsSupreme Court of Iowa · 1871
  3. Watrous v. MorrisonSupreme Court of Florida · 1894
  4. United States v. Roy W. Williams and Carl v. IveyCourt of Appeals for the Fifth Circuit · 1971
  5. Neill v. WardSupreme Court of Vermont · 1930

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