Clower v. Maynard
Supreme Court of Georgia
Action for damages. Before Judge Reagan. Monroe superior court. February term, 1900.
1Opinion of the CourtCobb, J.
1. It is essential to the maintenance of an action of trespass to land, that the plaintiff should show either that he held the legal title to the same or was in actual possession thereof. Ault v. Meager, 112 Ga. 148.
2. It is lawful for the owner of land to take possession of the same, whenever this can he accomplished without a breach of the peace. A possession thus obtained can he maintained against a former possessor who was a mere intruder. Scott v. Mathis, 72 Ga. 119, 124.
3. One who is the owner of land and takes possession of the same while it is vacant, and thus prevents an intruder,…
2Cases cited2 opinions
- Ault v. MeagerSupreme Court of Georgia · 1900
- Scott v. MathisSupreme Court of Georgia · 1883
3Cited by7 opinions
- McCook v. CrawfordSupreme Court of Georgia · 1901
- Downing v. AndersonSupreme Court of Georgia · 1906
- Fender v. GardnerSupreme Court of Georgia · 1922
- Rowland v. McLainCourt of Appeals of Georgia · 1952
- Varellas v. VarellasCourt of Appeals of Georgia · 1964
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