Kennedy v. Smith
Supreme Court of Georgia
The Court of Appeals certified (in Case 9812) to the Supreme Court two questions, the nature of which is sufficiently shown by the answers to them in the headnotes.
1Opinion of the CourtGilbert, J.
1. Where one who occupies land, under a bond for title, builds thereon a dwelling-house, and subsequently (but before the entire purchase-price of the land has been paid) detaches the house from the land and attaches it to other land not belonging to the owner of the land upon which the house was first erected, and such owner brings an action in trover to recover the house, and his only way to show his title to the house, or his right of possession thereto, is by showing his title to the land upon which it was first built, this is not a “case respecting title to land.” Proof of title in such…
2Cases cited3 opinions
- Ogden v. StockIllinois Supreme Court · 1864
- Woods v. McCallSupreme Court of Georgia · 1880
- Michigan Mutual Life Insurance v. CronkMichigan Supreme Court · 1892
3Cited by6 opinions
- Burpee v. Athens Production Credit Asso.Court of Appeals of Georgia · 1941
- Adams v. ChamberlinCourt of Appeals of Georgia · 1936
- Insilco Corp. v. CarterSupreme Court of Georgia · 1980
- Chalker v. BeasleyCourt of Appeals of Georgia · 1945
- Higgins v. StateCourt of Appeals of Georgia · 1938
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