Tolbert v. City of Rome

Fish C. J.

1, “Possession of land under a claim of ownership being prima ■facie evidence of title in the occupant, the latter, upon proof of such possession, and without showing complete title, may maintain against a wrong-doer an action for a trespass upon the property, committed while such possession • existed.’’ McDonough v. Carter, 98 Ga. 703 (25 S. E. 938) ; Southern Ry. Co. v. Thompson, 129 Ga. 367 (9), (58 S. E. 1044).

2. As there was evidence on the trial that plaintiff was in possession of the land under claim of ownership when the alleged trespass was committed thereon by defendant,…