Lessee of Gittens v. Lowry
Supreme Court of Georgia
Ejectment, in Cobb Superior Court. Tried before JudgeLItll, October Term, 1858. This was an action, on the demise of Sam’l Gittens and Thomas Byrne, against Amos Lowry, for a lot of land. On the trial, it appeared that the land was granted to Gittens; that, on the 28th May, 1838, a fi. fa. from a Justices’ Court, issued against Samuel Gideon. On 27th March, 1847, this fi. fa. was levied upon this lot of land, and Thomas Byrne became the purchaser, at Sheriff’s sale.
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Ejectment, in Cobb Superior Court. Tried before JudgeLItll, October Term, 1858. This was an action, on the demise of Sam’l Gittens and Thomas Byrne, against Amos Lowry, for a lot of land. On the trial, it appeared that the land was granted to Gittens; that, on the 28th May, 1838, a fi. fa. from a Justices’ Court, issued against Samuel Gideon. On 27th March, 1847, this fi. fa. was levied upon this lot of land, and Thomas Byrne became the purchaser, at Sheriff’s sale. The suit, was commenced in 1849. The defendant relied upon the Statute of Limitations. On the trial, it appeared, that in 1833,…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
The defence was, title acquired by the Statute of Limitatations. Seven years possession adverse, and so forth, in the *338defendant, (or those under whom he claims,) and with, color of title, makes out this defence.
Color of title “ may be defined to be a writing, upon its face, professing to pass title, but which does not do it, either from a want of title in the person making it, or from the defective. conveyance that is used—a title that is imperfect, but not so obviously so, that it would be apparent to one not skilled in the law”. Beverly and…
2Cited by9 opinions
- Street v. CollierSupreme Court of Georgia · 1903
- Stallings v. BrittSupreme Court of Georgia · 1948
- Kile v. FlemingSupreme Court of Georgia · 1886
- Carpenter v. BookerSupreme Court of Georgia · 1908
- Goss v. BrannonSupreme Court of Georgia · 1928
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