Nichols v. Chandler
Supreme Court of Georgia
Intruder’s warrant. Before Judge Greene. Rockdale Superior Court. September Adjourned Term, 1871. Martha Kilpatrick, from whom both parties in this case claim to have derived title, had four children. On the 17th of May, 1859, she made and executed an instrument, whether deed or will has not yet been determined, conveying to two of her children, Margaret J. and Amanda M., jointly, the whole of her estate, consisting of one hundred and ten acres of land and some personalty.
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Intruder’s warrant. Before Judge Greene. Rockdale Superior Court. September Adjourned Term, 1871. Martha Kilpatrick, from whom both parties in this case claim to have derived title, had four children. On the 17th of May, 1859, she made and executed an instrument, whether deed or will has not yet been determined, conveying to two of her children, Margaret J. and Amanda M., jointly, the whole of her estate, consisting of one hundred and ten acres of land and some personalty. The preponderance of evidence is that this instrument, after execution, was left in the hands of Esquire Born to be…
1Opinion of the Court
McCay, Judge.
This Court has, in 20 Georgia, 228, and in 39 Georgia, 197, decided that in proceedings under this statute, the bona fieles of the defendant’s possession is the sole issue. If he? in good faith, claims a right to the possession, the plaintiff is driven to his remedies existing before the passage of the Act. It is not enough that the defendant’s claim will not stand the test of a legal investigation, as compared with the claim of the plaintiff. If his claim is a real, honest, bona fide claim, not a sham, but founded on some reasonable data, he is no intruder, no mere squatter, and…
2Cited by4 opinions
- Lane v. WilliamsSupreme Court of Georgia · 1901
- Pratt v. FountainSupreme Court of Georgia · 1884
- Coffey v. PaceSupreme Court of Georgia · 1898
- Bellinger v. JonesCourt of Appeals of Georgia · 1920