Austin v. Southern Home Building & Loan Ass'n
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Roan. DeKalb superior court.- September 18, 1903. An execution for $1,207.56 principal, and $60 interest to August 14, 1897, in favor of the Southern Home Building and Loan Association, for the use of the Equitable Loan and Security Company, against Henry C. Austin, and especially against a described tract of land, was levied upon the land therein described, and a claim was interposed by his wife.
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Exceptions to auditor’s report. Before Judge Roan. DeKalb superior court.- September 18, 1903. An execution for $1,207.56 principal, and $60 interest to August 14, 1897, in favor of the Southern Home Building and Loan Association, for the use of the Equitable Loan and Security Company, against Henry C. Austin, and especially against a described tract of land, was levied upon the land therein described, and a claim was interposed by his wife. In aid of her claim she filed an equitable petition, alleging facts which she contended entitled her to assert an equitable title to the property against…
1Opinion of the CourtCobb, J.
1. Possession of land is notice to the world of every right that the possessor has therein, legal or equitable. Possession of land being an incident, and a very important incident, of ownership, the law raises a presumption that he who is in possession is the owner, and actual and notorious possession of land is sufficient to put a prudent person on inquiry as to the rights of such possessor before such land is purchased from one not in possession, or otherwise made the subject of negotiation or contract with him. Possession is not only, notice of the rights of the possessor, but also of all…
2Cases cited15 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Walker v. NeilSupreme Court of Georgia · 1903
- Lamar v. AllenSupreme Court of Georgia · 1899
- Fowler v. DavisSupreme Court of Georgia · 1904
- Weed v. Gainesville, Jefferson & Southern RailroadSupreme Court of Georgia · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Collinsville Granite Co. v. PhillipsSupreme Court of Georgia · 1905
- Harvard v. DavisSupreme Court of Georgia · 1916
55 more not listed; retrieve them via the Exa API.