Bertha Mineral Co. v. Simpson

1. “ Possession of land under a claim of ownership being prima facie evidence of title in the occupant, the latter, upon proof of such possession, and without showing complete title, may maintain against a wrong-doer an action for a trespass upon the property, com-

mitted while such possession existed.” Tolbert v. City of Rome, 134 Ga. 136 (67 S. E. 540).

2. Error is assigned upon the following charge of the court: “In other words, gentlemen, at the time the Bertha Mineral Company cut the timber, if you find that they did cut it, in order for the plaintiff to be entitled to recover, he must…