Thompson v. Glover
Supreme Court of Georgia
Proceeding against intruder. Before Judge Holden. Glascock superior court. December 31, 1903. Mrs. Lowe was the owner of a tract of land on which she resided with her son, Lawson Thompson, to whom she had rented it. She made a deed shortly before her death, when she was about ninety years of age, conveying this land to her great-grandchildren, the Glovers, subject to a life-estate reserved to herself.
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Proceeding against intruder. Before Judge Holden. Glascock superior court. December 31, 1903. Mrs. Lowe was the owner of a tract of land on which she resided with her son, Lawson Thompson, to whom she had rented it. She made a deed shortly before her death, when she was about ninety years of age, conveying this land to her great-grandchildren, the Glovers, subject to a life-estate reserved to herself. She died in 1900. In 1902 the Glovers, by their next friend, instituted a proceeding under the Civil Code, § 4808, to eject Lawson Thompson from the land, as an intruder; to which he filed a…
1Opinion of the CourtLamab, J.
In a proceeding under the Civil Code, § 4808, against intruders, the legality of the possession depends on the legality of the original entry. Murdock v. Miller, 21 Ga. 368; McHan v. Stansell, 39 Ga. 199; Durden v. Clack, 94 Ga. 278. The issue is good faith, rather thau good title. Of course a party may to his mental state, and that he claims possession in good" faith. But that does not close the question nor prevent the jury from testing the reasonableness and truthfulness of that statement by comparing it with all the facts and circumstances attending the transaction. Baxley v. Baxley, 117…
2Cases cited3 opinions
- Brunswick & Western Railroad v. PonderSupreme Court of Georgia · 1903
- Durden v. ClackSupreme Court of Georgia · 1894
- Murdock v. MillerSupreme Court of Georgia · 1857
3Cited by6 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Hodges v. YoumansCourt of Appeals of Georgia · 1973
- Stilwell v. WatkinsSupreme Court of Georgia · 1910
- Sims v. MerrittCourt of Appeals of Georgia · 2004
- Blanchard v. Westview Cemetery, Inc.Court of Appeals of Georgia · 1971
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