Wilbanks v. Arthur

Phipps, Judge.

Mary Elizabeth Wilbanks Arthur filed a dispossessory action to remove her brother, Sandy Bartley Wilbanks, from a tract of land in Rabun County, claiming that Wilbanks was a tenant at sufferance with no authority to occupy the property. The superior court awarded judgment to Arthur. Wilbanks appeals, arguing that the court erred in failing to find that Arthur had lost title to the property through the adverse possession of their mother. We vacate and remand for the court to consider the issue of adverse possession.

Marlor Wilbanks died intestate in 1968, leaving a widow (Wilda…