Murdock v. Mitchell
Supreme Court of Georgia
Equity, in Cobb Superior Court. Tried before Judge Cabaniss, at September Term, 1859. This was a bill filed by Jane L. Mitchell, in Cobb Superi- or Court alleging that she was regularly appointed administrator of Samuel Mitchell, deceased, who was her late husband ; that about the 13th of September, 1837, William G. Robinson purchased from Thomas Patterson, lot of land number one hundred and twenty-one, in the 20th district of the 2d section of Cobb county, and went into the…
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Equity, in Cobb Superior Court. Tried before Judge Cabaniss, at September Term, 1859. This was a bill filed by Jane L. Mitchell, in Cobb Superi- or Court alleging that she was regularly appointed administrator of Samuel Mitchell, deceased, who was her late husband ; that about the 13th of September, 1837, William G. Robinson purchased from Thomas Patterson, lot of land number one hundred and twenty-one, in the 20th district of the 2d section of Cobb county, and went into the possession and occupancy of the same, claiming it adversely; that Robinson afterwards conveyed the land to Michael…
1Opinion of the Court
By the Court
Lyon, J.,
delivering the opinion.
Upon the death of Elizabeth Brown, the drawer and grantee of the lot in controversy, the titile was cast upon Mary Cross, the only child of the intestate, and her husband, James Cross, as the only heir at law of said intestate, subject only to the payment of debts of intestate; and as there were no debts, the whole title vested absolutely in them without the necessity of administration. Adverse possession to this title commenced in 1827, during the life of Mary. She and her husband could have maintained ejectment for its recovery against the tenant.…
2Cases cited2 opinions
- Woolfolk v. BeatlySupreme Court of Georgia · 1855
- Jonekin v. HollandSupreme Court of Georgia · 1849
3Cited by2 opinions
- Bullock & Co. v. DunbarSupreme Court of Georgia · 1902
- Pease v. GibsonCalifornia Court of Appeal · 1940