Byrne v. Lowry
Supreme Court of Georgia
Ejectment, in Cobb Superior Court. Tried before Judge Trippe, March Term, 1855. An action of ejectment was brought by Thomas Byrne, against Amos Lowry. .Defendant relied upon the Statute of Limitations.
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Ejectment, in Cobb Superior Court. Tried before Judge Trippe, March Term, 1855. An action of ejectment was brought by Thomas Byrne, against Amos Lowry. .Defendant relied upon the Statute of Limitations. The process was dated 24th July, 1849. The proof was, that one Isaac G. Albritton, who lived in Franklin County, in 1841, came out to the land and cut house-logs, and then returned home, and in the latter part of the year 1842, he came back and put the logs up and lived there. Albritton sold to Lowry, who went into possession and continued so ever since. Albritton cut the logs in full view of…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
P-.J It seems that Albritton first took possession of the land •in 1841; but that after remaining in possession of it a while he, in the same year, left it and went back to his residence in the County of Eranklin, and resided there until the latter part of the year 1842, when he returned to the land in Cobb and resumed possession of it; and that he has kept possession .of it ever since.
The question is, did the Statute' of Limitations run in his favor, during the interval when he was so residing in the Couaty of Franklin ?
And the answer to that…
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