Allen v. Potter
Supreme Court of Georgia
Equitable petition. Before Judge Park. Baldwin superior court. December 1, 1920. Ellen M. Potter brought suit against Arthur Allen and Louisa Allen on February 15, 1919, in which she alleged that she was the owner of a certain described tract of land containing thirteen acres; that on February 22, 1895, she bought from Susan Potter a tract of land containing forty-live acres,' including the above tract of thirteen acres, immediately went into possession thereof, and remained…
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Equitable petition. Before Judge Park. Baldwin superior court. December 1, 1920. Ellen M. Potter brought suit against Arthur Allen and Louisa Allen on February 15, 1919, in which she alleged that she was the owner of a certain described tract of land containing thirteen acres; that on February 22, 1895, she bought from Susan Potter a tract of land containing forty-live acres,' including the above tract of thirteen acres, immediately went into possession thereof, and remained in the open, notorious, continuous, peaceable, and adverse possession thereof under bona fide claim of right for more…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. The plaintiff’s petition, as amended, set out a cause of action in trespass. She alleged title in herself to the. land, a trespass thereon by the defendants by cutting one hundred or more trees thereon, of the value of one hundred dollars, the erection of a wire fence cutting off the thirteen acres from the body of her land, and her ouster therefrom by the defendants. At the common law the plaintiff .must have been in possession, to recover in trespass. *27Now the true owner can sue in trespass though out of possession. Yahoola River Mining Co. v. Irby, 40…
2Cases cited15 opinions
- Athens Manufacturing Co. v. RuckerSupreme Court of Georgia · 1887
- Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. IrbySupreme Court of Georgia · 1869
- Peeples v. RudulphSupreme Court of Georgia · 1922
- Russell v. Mohr-Weil Lumber Co.Supreme Court of Georgia · 1897
- Vaughn v. YawnSupreme Court of Georgia · 1897
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3Cited by5 opinions
- Gray v. BradfordSupreme Court of Georgia · 1942
- Foster v. RowlandSupreme Court of Georgia · 1942
- Teasley v. JonesSupreme Court of Georgia · 1959
- Segars v. CrumpSupreme Court of Georgia · 1933
- Williams v. AycockCourt of Appeals of Georgia · 1936