Weight v. Smith
Supreme Court of Georgia
Ejectment. Bona fide purchaser. Notice. Before Judge Claek. Sumter Superior Court. November, 1870. In March, 1868, Wright brought ejectment against Smith. By consent the facts were agreed upon, and it was submitted to the Court whether Smith had a title by prescription. The facts were these: In 1857 Hill et al., conveyed this land to Wright, who had his deed recorded about eighteen months after its date.
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Ejectment. Bona fide purchaser. Notice. Before Judge Claek. Sumter Superior Court. November, 1870. In March, 1868, Wright brought ejectment against Smith. By consent the facts were agreed upon, and it was submitted to the Court whether Smith had a title by prescription. The facts were these: In 1857 Hill et al., conveyed this land to Wright, who had his deed recorded about eighteen months after its date. After this deed was recorded, in 1859, but without any actual notice that Wright owned the land, W. A. Hawkins took another deed from the same feoffers, bona fide, and took possession at…
1Opinion of the Court
McCay, Judge.
There is no dispute in this case as to the facts. The defendant has been in possession of the property sued for, seven years, under written claim of right. It is admitted that at the time of the date of defendant’s deed, and at the time he took possession, there was upon record a deed from the Hills to Wright, and it is contended that this faot — the existence of an older deed — (though he had no actual notice of it) from the defendant’s grantor, recorded, was such notice to the second purchaser as so make the deed to him fraudulent, and to destroy his prescriptive title, arising…
2Cited by4 opinions
- Hearn v. LeveretteSupreme Court of Georgia · 1957
- Ellis v. DasherSupreme Court of Georgia · 1897
- Ware v. BarlowSupreme Court of Georgia · 1888
- Parker v. SalmonsSupreme Court of Georgia · 1897