Capps v. Smith

1. In an action of ejectment the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant’s title. Civil Code (1910), § 5582.

2. Where the plaintiff’s title to the land is controverted, he must show not only that he had the legal title to the property in dispute at the commencement of the action, but that such legal title was accompanied by the right of possession. Scisson v. McLaws, 12 Ga. 166; Graham v. Peacook, 131 Ga. 785 (2) (63 S. E. 348); Taylor v. Meeks, 133 Ga. 385, 386 (65 S. E. 850).

3. A deed absolute in form may be shown to have been made to…