Mitchell v. Bale

1. Under the allegations of the petition the defendant Mitchell is a mere trespasser, claiming no rights or interests in the property. Occupying that status he can not, as against this suit, set up want of title in the plaintiffs. Justice v. Aikin, 104 Ga. 714 (30 S. E. 941). Moreover, as against a general demurrer, the allegation that plaintiffs “are joint owners” is a sufficient allegation as to title. Hardin v. Chattanooga So. R. Co., 113 Ga. 357, 359 (38 S. E. 839). “Actual possession will support an action of trespass against a wrong-doer. If nothing appears to the contrary, such actual…