Roe v. Doe ex dem. Long
Supreme Court of Georgia
Ejectment, from Randolph county. Tried before Judge ICiddoo, at June adjourned Term, 185S. Plaintiff introduced in evidence a grant from the State to Thomas Long, for the lot of land in dispute, and a deed from Long to himself. He also read the depositions of two witnesses, taken by commission, which it is not necessary to set out He proved that defendant, Cook, was in possession at the commencement of the action, and closed.
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Ejectment, from Randolph county. Tried before Judge ICiddoo, at June adjourned Term, 185S. Plaintiff introduced in evidence a grant from the State to Thomas Long, for the lot of land in dispute, and a deed from Long to himself. He also read the depositions of two witnesses, taken by commission, which it is not necessary to set out He proved that defendant, Cook, was in possession at the commencement of the action, and closed. Defendant, amongst other things, proved that he went into possession of the land in 1S42, and had remained in possession ever since; had Jived on it, cleared a portion…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The Court was right in refusing to give the first charge as requested. For conceding that possession, under a parol purchase, may ripen into a statutory title, still the evidence in this case would restrict it to the actual possession. And having no paper title, the defendant could not be protected beyond his possessio pedis.
The Court, we hold, laid down the rule of law correctly, in the first charge as given, and as applicable to the facts of this case, namely: that the defendant, to protect his title under the statute, must either have a…
2Cited by8 opinions
- Tarver v. DeppenSupreme Court of Georgia · 1909
- Williams v. RandCourt of Appeals of Texas · 1895
- Sage v. RudnickSupreme Court of Minnesota · 1897
- Howard v. TwibellIndiana Supreme Court · 1913
- Toms v. KnightonSupreme Court of Georgia · 1945
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