Green v. Hambrick
Supreme Court of Georgia
Complaint for laud. Before Judge Candler. DeKalb superior court. October 21, 1902. Green, as administrator of John M. Hambrick, brought an action against R. M. Hambrick for the recovery of a certain lot of land. The claim of title was based, in one count, on possession by the decedent, for more than twenty years, and, in another count, on possession by him under written evidence of title for seven years.
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Complaint for laud. Before Judge Candler. DeKalb superior court. October 21, 1902. Green, as administrator of John M. Hambrick, brought an action against R. M. Hambrick for the recovery of a certain lot of land. The claim of title was based, in one count, on possession by the decedent, for more than twenty years, and, in another count, on possession by him under written evidence of title for seven years. The alleged written evidence of title consisted of an application of the decedent, in 1869, to have this land set apart as a homestead ; the plat of the county surveyor, showing the survey of…
1Opinion of the CourtLamar, J.
According to many decisions, there must be a grantor and a grantee named iu the paper in order for it to operate as color of title, though in this State a decree has been held sufficient for that purpose. Wardlaw v. McNeill, 106 Ga. 29. The authorities are in conflict as to whether a homestead is the creation of a new estate: or merely an incumbrance on the fee. If the latter, it could no more be color of title than a mortgage on the same land. In Keener v. Goodson, 89 N. C. 277, it was held that a judgment ■setting apart a homestead is not color of title; for it is in no sense a ■conveyance…
2Cases cited14 opinions
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Stringfellow v. StringfellowSupreme Court of Georgia · 1900
- Ward v. Frick Co.Supreme Court of Georgia · 1895
- Lowe v. WebbSupreme Court of Georgia · 1890
- Austell v. SwannSupreme Court of Georgia · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mullins v. MatthewsSupreme Court of Georgia · 1905
- Ford v. FargasonSupreme Court of Georgia · 1904
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Neal v. Davis Foundry & Machine WorksSupreme Court of Georgia · 1908
- Bank of Norwood v. ChapmanCourt of Appeals of Georgia · 1917
11 more not listed; retrieve them via the Exa API.