Jones v. Rountree
Supreme Court of Georgia
Complaint for land. Before Judge Thomas. Brooks superior court. May 5, 1911. .On April 7, 1909, M. F. Jones instituted an action against S. S. Rountree individually, and S. S. Rountree and D. W. Rountree as executors of the last will and testament of A. J. Rountree, deceased, to recover an undivided one-eighteenth interest in certain land. The case was submitted upon - an agreed statement of facts to the judge for decision without a jury.
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Complaint for land. Before Judge Thomas. Brooks superior court. May 5, 1911. .On April 7, 1909, M. F. Jones instituted an action against S. S. Rountree individually, and S. S. Rountree and D. W. Rountree as executors of the last will and testament of A. J. Rountree, deceased, to recover an undivided one-eighteenth interest in certain land. The case was submitted upon - an agreed statement of facts to the judge for decision without a jury. The plaintiff was one of three children of Martha and William Jones, and relied for recovery on the provisions of an antenuptial contract which, in so far…
1Opinion of the CourtAtkinson, J.
1. If prescription ran against the plaintiff from the date of the defendants’ entry, the possession in point of time and character was sufficient to authorize the judge to find that a title had been acquired by prescription. What, if anything, prevented such result ? It was insisted that prescription did not begin to run against plaintiff until after the death of Martha Jones in 1907, and thereafter sufficient time did not elapse before filing ¡the suit in 1909 for perfection of prescriptive title. The plaintiff invoked the aid of the antenuptial contract. It was executed on the 7th of…
2Cases cited4 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Lamar v. PearreSupreme Court of Georgia · 1889
- Jones v. RountreeSupreme Court of Georgia · 1895
- Cunningham v. CalhounSupreme Court of Georgia · 1911
3Cited by7 opinions
- Clark v. BakerSupreme Court of Georgia · 1938
- Watts v. BootheSupreme Court of Georgia · 1918
- Ayer v. ChapmanSupreme Court of Georgia · 1916
- Wadley v. LeCatoSupreme Court of Georgia · 1912
- Howard v. HendersonSupreme Court of Georgia · 1914
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