Fender v. Gardner
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Lee superior court. May 10, 1921.
1Opinion of the CourtHines, J.
This is the first grant of a new trial, which, under the well-settled rule of this court, will not be disturbed, unless the verdict is demanded by the evidence. It is insisted that the verdict in favor of the defendants is demanded by the evidence, because • the plaintiff failed to show title to, or actual possession of, the land upon which it is alleged the trespass was committed. To maintain an action for trespass upon a tract of land, it is essential for the plaintiff to show title in himself, or possession; and when he relies upon possession alone as a basis for recovery, it must be…
2Cases cited9 opinions
- McCook v. CrawfordSupreme Court of Georgia · 1901
- Ault v. MeagerSupreme Court of Georgia · 1900
- Downing v. AndersonSupreme Court of Georgia · 1906
- McLeod v. Brooks Lumber Co.Supreme Court of Georgia · 1896
- Clower v. MaynardSupreme Court of Georgia · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Minor v. FincherSupreme Court of Georgia · 1950
- James v. RileySupreme Court of Georgia · 1935
- Georgia Farm Buildings, Inc. v. WillardCourt of Appeals of Georgia · 1984
- Hefner v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1929
- Smith v. FischerCourt of Appeals of Georgia · 1936
7 more not listed; retrieve them via the Exa API.