Legal Opinion

Rucker v. Rucker

Supreme Court of Georgia

Decided September 23, 1911PublishedCited by 16 opinions

Equitable petition. Before Judge Meadow. Elbert superior court. August 3, 1910. %

1Opinion of the CourtEish, C. J.

1. Declarations of a person in possession of property, in favor of liis own title, are admissible to prove his adverse possession, but for no other purpose. Civil Code (1910), § 5767; Dawson v. Callaway, 18 Ga. 573; Hansell v. Bryan, 19 Ga. 167; Harrison v. Hatcher, 44 Ga. 638 (4); Bowman v. Owens, 133 Ga. 49 (65 S. E. 156).(a) Accordingly, the declarations of such person that the property had been given to him by another are not admissible for the purpose of proving the gift.

2. Permissive possession can not be the foundation of a prescription until an adverse claim and actual notice to the…

2Cases cited4 opinions

  1. Bowman v. OwensSupreme Court of Georgia · 1909
  2. Harrison v. HatcherSupreme Court of Georgia · 1872
  3. Dawson v. CallawaySupreme Court of Georgia · 1855
  4. Hansell v. BryanSupreme Court of Georgia · 1855

3Cited by16 opinions

  1. Wallace v. MizeSupreme Court of Georgia · 1922
  2. Sweat v. ArlineSupreme Court of Georgia · 1938
  3. Harris v. MandevilleSupreme Court of Georgia · 1943
  4. Hobbs v. HoustonSupreme Court of Georgia · 1940
  5. Cowart v. StricklandSupreme Court of Georgia · 1930

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