Legal Opinion

Georgia Railroad & Banking Co. v. Gardner

Supreme Court of Georgia

Decided July 19, 1901PublishedCited by 7 opinions

Equitable petition. Before Judge Brinson. Bichmond. superior court. October 15, 1900.

1Opinion of the CourtLewis, J.

1. The verdict was sustained by the testimony. The defendant in error, having gone into possession of the land in dispute under a deed, enclosed it by a fence, and held the undisturbed possession of it for more than twenty years, had a complete prescriptive title and, therefore, the right to resist the trespass of the employees of the railroad company upon the land thus held and occupied.

2. A defendant may amend an answer by withdrawing an admission therein *898made, and after so doing may introduce testimony tending to support the alle.gations of such answer as it stands after the amendment has…

2Cited by7 opinions

  1. United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
  2. Alabama Midland Railway Co. v. GuilfordSupreme Court of Georgia · 1902
  3. Richardson v. HairriedSupreme Court of Georgia · 1947
  4. Georgia Railroad & Banking Co. v. GardnerSupreme Court of Georgia · 1903
  5. Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913

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