James v. Maddox
Supreme Court of Georgia
Complaint for land. Before Judge Pendleton. Fulton superior court. October 24, 1921. The petition of Winnie James and others, including John Davis Pruitt, alleges that Davis Pruitt died a resident of Elbert County, Georgia, in-1857; that at the time of his death he was seized and possessed of a described tract of land, including the land herein sued for, in Fulton County; that said Davis Pruitt held under a grant from tbe State dated 1826; that he left surviving him as his…
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Complaint for land. Before Judge Pendleton. Fulton superior court. October 24, 1921. The petition of Winnie James and others, including John Davis Pruitt, alleges that Davis Pruitt died a resident of Elbert County, Georgia, in-1857; that at the time of his death he was seized and possessed of a described tract of land, including the land herein sued for, in Fulton County; that said Davis Pruitt held under a grant from tbe State dated 1826; that he left surviving him as his sole and only heir a sister, Julia Pruitt; that she inherited the laird mentioned; that she left surviving her a sole…
1Opinion of the CourtGilbert, J.
1. “ If one with notice sell to one without notice, the latter is protected.” Civil Code (1910), § 4535. Accordingly, the court properly sustained the demurrer to that portion of the petition which alleged “ that defendant’s original predecessor, in claiming title to said land, entered with full knowledge that he had no title, that the title was in Davis Pruitt; and he also knew that his claim of title was fraudulent. The origin of defendant’s claim being in fraud, his title could never ripen into a perfect prescriptive title; and petitioners allege that this notice and knowledge of the…
2Cases cited4 opinions
- Krueger v. MacDougaldSupreme Court of Georgia · 1918
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Western Union Telegraph Co. v. YopstIndiana Supreme Court · 1889
- Latta v. MillerIndiana Supreme Court · 1887
3Cited by20 opinions
- Bell v. StuddardSupreme Court of Georgia · 1965
- Sumter County v. AllenSupreme Court of Georgia · 1941
- Leggett v. Montgomery Ward & Co.Court of Appeals for the Tenth Circuit · 1949
- Ford Motor Company v. WilliamsSupreme Court of Georgia · 1963
- Swofford v. GlazeSupreme Court of Georgia · 1951
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