Wood v. McGuire
Supreme Court of Georgia
Ejectment, in Bibb Superior Court. Tried at December Term, 1853, before Judge Powers. The plaintiffs below, L. M. McGuire and others, claimed, as the children of Milly McGuire, under the will of Thomas Rainey, by which he devised the land in dispute, to “ Milly McGuire’s children, their heirs and assigns forever”. Four of the plaintiffs were born since the death of testator.
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Ejectment, in Bibb Superior Court. Tried at December Term, 1853, before Judge Powers. The plaintiffs below, L. M. McGuire and others, claimed, as the children of Milly McGuire, under the will of Thomas Rainey, by which he devised the land in dispute, to “ Milly McGuire’s children, their heirs and assigns forever”. Four of the plaintiffs were born since the death of testator. It appeared in evidence, that McGuire, the father, went into possession for a short time, and partially cleared a small portion. His admissions, that he held for his children, were allowed by the Court, and excepted to by…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] In this case, the question was raised, in relation to real estate, as to what constitutes possession, other than that which is implied from documentary title, or consists of inclosure.
We hold, that such possession must be constituted, either by 'residence on the land in person, or by servants, or agents, accompanied with the exercise of ownership; or by cultivation ■ of a portion of the land, accompanied by acts of ownership over the balance; or it must consist of acts of ownership, “positive, definite and notorious”, such as a continued…
2Cases cited1 opinion
- Jenkins v. FreyerNew York Court of Chancery · 1833
3Cited by10 opinions
- Shahan v. WatkinsSupreme Court of Georgia · 1942
- Dodge v. BriggsU.S. Circuit Court for the Southern District of Georgia · 1886
- Plant v. PlantSupreme Court of Georgia · 1905
- EFFICIENCY LODGE, INC. v. NEASONSupreme Court of Georgia · 2023
- Hancock v. GriffinSupreme Court of Georgia · 1931
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