Parker v. Martin
Supreme Court of Georgia
Ejectment, Title. New Trial. Before Judge WELL-BORN. Lumpkin Superior Court. October Term, 1881. Parker brought ejectment against Martin et al.
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Ejectment, Title. New Trial. Before Judge WELL-BORN. Lumpkin Superior Court. October Term, 1881. Parker brought ejectment against Martin et al. He relied on the trial upon a sheriff’s deed made in 1879, under a judgment against one Hamilton, which was recovered in 1869. He also introduced testimony to show that some years before the judgment Hamilton had prospected for gold on the land, and that no one else had been in actual possession, the land being vacant, until Martin put' a house on it in 1879, and placed one Burgess in it. Defendants relied on prescription in Martin under a deed made…
1Opinion of the Court
Jackson, Chief Justice.
1. The plaintiff in ejectment must recover on the strength of his own title. In this case he relies on a sheriff’s deed, but there is no proof of title in the defendant in execution, nor of possession in that defendant since the rendition of the judgment. The sheriff’s deed, aided by proof of title in defendant in execution-, or possession since judgment, would cast the onus on the defendant in ejectment. 9 Ga , 74, et seq.; but in this case it is not shown that Hamilton had title or possession since judgment against him, and the naked sheriff’s deed will not avail.
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2Cited by5 opinions
- Johnson v. Equitable Securities Co.Supreme Court of Georgia · 1902
- Moore v. ClineSupreme Court of Georgia · 1902
- Scott v. LaySupreme Court of Georgia · 1920
- McGinley v. GoetteSupreme Court of Georgia · 1949
- Tootle v. PlayerCourt of Appeals of Georgia · 1966