Clark v. White
Supreme Court of Georgia
Action for trespass. Before Judge Parker. Camden superior court. October term, 1903. Clark brought an action of trespass against White and others, for cutting timber upon a tract of • eighty-seven acres. Clark claimed, title by prescription under color. It appeared that he bought the land in 1877, went in possession in 1878, built a house, cleared and fenced three or four acres, lived on the place five years, and then moved off.
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Action for trespass. Before Judge Parker. Camden superior court. October term, 1903. Clark brought an action of trespass against White and others, for cutting timber upon a tract of • eighty-seven acres. Clark claimed, title by prescription under color. It appeared that he bought the land in 1877, went in possession in 1878, built a house, cleared and fenced three or four acres, lived on the place five years, and then moved off. The garden and clearing grew up in undergrowth, the fences rotted, and the house was moved off. About twelve or fifteen years after Clark left the place, he rented it…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) It is unnecessary to determine whether the deeds executed out of the State had been properly attested, or whether they were duly recorded. *959For if the color had been admitted, there was not such evidence of continuous possession as to ripen the same into a good prescriptive title. The plaintiff’s own possession was only for five years. ■ He moved away in 1883, toré down the house, allowed the fences to rot, and the enclosure to grow up in undergrowth. It was years afterwards before another entry; and the- previous possession having been broken, and its…
2Cases cited6 opinions
- Morrison v. HaysSupreme Court of Georgia · 1856
- Jenkins v. MeansSupreme Court of Georgia · 1877
- Byrne v. LowrySupreme Court of Georgia · 1855
- Joiner v. BordersSupreme Court of Georgia · 1861
- Holcombe v. AustellSupreme Court of Georgia · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Georgia Power Co. v. IrvinSupreme Court of Georgia · 1997
- Bradley v. SheltonSupreme Court of Georgia · 1940
- Walker v. SteffesSupreme Court of Georgia · 1913
- Patellis v. TannerSupreme Court of Georgia · 1945
- Anneberg v. KurtzSupreme Court of Georgia · 1944
2 more not listed; retrieve them via the Exa API.