Whiddon v. Williams Lumber Co.
Supreme Court of Georgia
Action of trespass. Before Judge Smith. Dodge superior court. September term, 1895.
1Opinion of the Court
Simmons, Chief Justice.
1. The ruling announced in the first head-note does not require further discussion.
2. Under our code, in order to recover damages for trespass upon land, the plaintiff must have possession, or else must have a good title to the land: Bare possession is sufficient to authorize the possessor to recover damages from any person who wrongfully interferes in any manner with his possession. Code, §3015; and section 3016 declares: “The person having title to lands, if no one is in actual possession under the same title with him, may maintain an action for-a trespass thereon;…
2Cases cited2 opinions
- Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. IrbySupreme Court of Georgia · 1869
- Wolfe v. BaxterSupreme Court of Georgia · 1891
3Cited by11 opinions
- Ault v. MeagerSupreme Court of Georgia · 1900
- James v. RileySupreme Court of Georgia · 1935
- Bennett v. RewisSupreme Court of Georgia · 1957
- Hefner v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1929
- Bennett v. RewisSupreme Court of Georgia · 1955
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