Lawson v. Cunningham
Supreme Court of Georgia
In Equity, in Bibb Superior Court. Decision by Judge Allen, November, 1856. This bill was filed by Robert Cunningham,’administrator de bonis non, of James Cunningham, deceased, against John F. Lawson, administrator of John Martin deceased, and Elias H. Tillinghast, administrator of Robert Cunningham, deceased.
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In Equity, in Bibb Superior Court. Decision by Judge Allen, November, 1856. This bill was filed by Robert Cunningham,’administrator de bonis non, of James Cunningham, deceased, against John F. Lawson, administrator of John Martin deceased, and Elias H. Tillinghast, administrator of Robert Cunningham, deceased. The bill charges, that on the 27th day of April, 1811, James Cunningham, of the county of Jones, in said State, by deed, conveyed a usufruct interest in certain slaves, to his nephew, Robert. Cunningham, to take effect and be enjoyed from and after the death of the said James, until the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The Court below overruled the demurrer. The question is, were any of the grounds of the demurrer good?
The main ground of the demurrer was that relying on the statute of limitations. Was this a good ground ?
The statute of limitations does not run in favor of one whose possession or claim is not adverse to that of the true owner. One whose possession is accompanied by the knowledge, and the admission that the title is in another; and also *458by a promise founded on a valuable consideration, to buy out that title, does not hold adversely to the owner…
2Cited by6 opinions
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- Chapman v. HudsonSupreme Court of Arkansas · 1885
- Mrs. E. P. Blanton v. Mrs. Maggie MoodyCourt of Appeals for the Fifth Circuit · 1959
- McClanahan v. McClanahanSupreme Court of Missouri · 1914
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