Johnson v. Hume

Pee Cubiaji.

1. Possession by a grantor after the conveyance by him of land is held under the grantee, and is not adverse to him, and neither prescription nor the statute of limitations is available as a defense to an action to enjoin such grantor from repeated trespasses upon the land. Jay v. Whelchel, 78 Ga. 786 (3 S. E. 906).

2. A sale by a trustee of land held by him in trust for beneficiaries is in effect a sale by such beneficiaries, and the beneficiaries can not prescribe against the title conveyed by their trustee.

3. The court charged the jury as follows: “If the defendants or either of…