Garrett v. Adrain
Supreme Court of Georgia
Ejectment. Prescription. Before Judge Parrott. Whitfield Superior Court. January, 1871. This was ejectment by Adrain against Garrett, begun in December, 1869. It was submitted to the Court upon this agreed state of facts: Adrain owned the land, and in 1852, sold it to McDonald, on a credit, till 1854, giving him bond for titles. McDonald took possession, but never paid but half of the purchase-money.
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Ejectment. Prescription. Before Judge Parrott. Whitfield Superior Court. January, 1871. This was ejectment by Adrain against Garrett, begun in December, 1869. It was submitted to the Court upon this agreed state of facts: Adrain owned the land, and in 1852, sold it to McDonald, on a credit, till 1854, giving him bond for titles. McDonald took possession, but never paid but half of the purchase-money. In 1857, McDonald sold the land to Garrett, took his notes for the purchase-money, and gave him his bond for titles, telling him that Ms title to the land was perfect. Garrett took possession in…
1Opinion of the Court
McCay, Judge.
It is a well settled rule that a permissive possession is not adverse, and cannot be the foundation of a prescriptive title against the person permitting the possession: Code, section 2637. But it is equally well settled, in this State, that seven years’ possession, under a bond for titles, is a good prescriptive title against everybody but the obligee of the bond, and his representatives: Fain vs. Gathwright, 5 Georgia Reports, 6; Stamper vs. Griffin, 12 Georgia Reports, 450. That the maker of the bond has no title, or is in possession by permission, makes no difference. The…
2Cited by19 opinions
- Street v. CollierSupreme Court of Georgia · 1903
- Knorr v. RaymondSupreme Court of Georgia · 1885
- Latham v. FowlerSupreme Court of Georgia · 1941
- Carstarphen v. HoltSupreme Court of Georgia · 1895
- Baxter v. PhillipsSupreme Court of Georgia · 1920
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