Horne v. Gambrell

Opinion by

Walker, R. S., P. J.

§ 996. Possession is notice of title; rights of occupant. He who is lawfully in possession of land is entitled to its fruits and revenues. His possession is prima facie evidence of and notice to the world of his title and right; and if he is thus entitled and possessed, a mere trespasser ought not to be heard to claim against him a right to such fruits of the land, depending upon his own tortious invasion of the possessor’s right. A. shall not have an action of trespass against B., who lawfully enters to abate a nuisance caused by A.’s wrongful act; nor shall an…