Legal Opinion

Henry v. Roberts

Supreme Court of Georgia

Decided August 12, 1913PublishedCited by 14 opinions

Complaint for land. Before Judge Jones. Habersham superior court. March 8, 1912.

1Opinion of the CourtFish, C. J.

1. While the plaintiff in an action for land must recover on the strength of his own title, yet, in passing on a motion, for nonsuit upon the conclusion of the evidence submitted in behalf of the plaintiff, such evidence should be construed most favorably to him, and if, so construed, a prima facie case for the plaintiff is made out, a nonsuit should be refused.

2. Construing the evidence for the plaintiff upon the trial most favorably in his behalf, the jury would have been authorized to find, that he and those under whom he claimed had actual and adverse possession of the land for which the…

2Cited by14 opinions

  1. Eubanks v. MullisCourt of Appeals of Georgia · 1935
  2. Ellison v. EvansCourt of Appeals of Georgia · 1952
  3. McDougal v. JohnsonCourt of Appeals of Georgia · 1961
  4. Henry v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Georgia · 1934
  5. Few v. Automobile Financing, Inc.Court of Appeals of Georgia · 1960

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