Morrison v. Hays
Supreme Court of Georgia
Ejectment, in Calhoun Superior Court. Tried before' Judge Perkins, November Term, 1855. This action was brought by Laughlin Morrison vs. Moses Ann Hays for a tract of land. On the trial, the plaintiff showed a perfect chain of title. Defendant relied upon the Statute of Limitations.
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Ejectment, in Calhoun Superior Court. Tried before' Judge Perkins, November Term, 1855. This action was brought by Laughlin Morrison vs. Moses Ann Hays for a tract of land. On the trial, the plaintiff showed a perfect chain of title. Defendant relied upon the Statute of Limitations. The proof was, that Thomas S. Hunt took possession of the land in 1842, built a house thereon and cleared a part of the land, lived there in 1843. In 1844, Thomas Street lived there, and in 1845, Bagwell lived there; in 1846, McDonald lived there, and in 1847, Hays, husband of defendant, lived there. Hunt made a…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In the case of Royall vs. The Lessee of Lisle and others, (15 Ga. R. 545,) this Court say: “ We understand the doctrine to be briefly this: the person owning the title to land is constructively in possession, and this possession continúes until some adverse claimant goes into the occupancy, with intent to claim the fee, as against the true owner; and this intention may be manifested by declarations or by acts of ownership, which are open, notorious and visible.”
We re-affirm the doctrine thus succinctly stated: and ta*296king that case as our…
2Cases cited3 opinions
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- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Roberson v. Downing Co.Supreme Court of Georgia · 1904
- Clark v. WhiteSupreme Court of Georgia · 1904
- Massee v. ParrottCourt of Appeals of Georgia · 1922
- Joiner v. BordersSupreme Court of Georgia · 1861
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