Roe v. Doe ex dem. McKee
Supreme Court of Georgia
Gift. Presumption. Statute of limitations. Distribution. Evidence. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. James McKee and others, the heirs-at-law of Hockley C. McKee, brought ejectment against John G. McKee for parts of city lots numbers five hundred and twenty-three and five hundred and twenty-four, in Columbus, the declaration containing a count for mesne profits. The defendant pleaded the general issue.
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Gift. Presumption. Statute of limitations. Distribution. Evidence. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. James McKee and others, the heirs-at-law of Hockley C. McKee, brought ejectment against John G. McKee for parts of city lots numbers five hundred and twenty-three and five hundred and twenty-four, in Columbus, the declaration containing a count for mesne profits. The defendant pleaded the general issue. Upon the trial the plaintiffs submitted the following testimony : 1st. Proof that the plaintiffs were heirs-at-law of Hockley C: McKee, deceaseds 2d. Deed covering…
1Opinion of the Court
*McCay, Judge.
1. Assuming that this case is to be governed by section 2622 of the Revised Code, (though the original possession was taken four years before that provision was the law,) we think the Judge was right in his construction of the section. Its provision is, that “the exclusive possession by a child, of lands originally belonging to a father, without payment of rent for the space of seven years, shall create a conclusive presumption of a gift and convey title to the child, unless there is evidence of a loan, or a claim of dominion by the father, acknowledged by the child, or of a…
2Cited by7 opinions
- Jones v. ClarkSupreme Court of Georgia · 1877
- Moore v. SegarsSupreme Court of Georgia · 1941
- Kytle v. KytleSupreme Court of Georgia · 1935
- Harden v. MortonSupreme Court of Georgia · 1943
- American Surety Company v. JeffriesCourt of Appeals of Georgia · 1943
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