Martin v. Clark

Reid, Chief Justice.

While the plaintiffs offered no written evidence of their title to the disputed premises, proof that their ancestor died in possession was sufficient. Bagley v. Kennedy, 85 Ga. 703 (11 S. E. 1091). This is especially true where the facts relied upon by plaintiffs as establishing their title were not challenged, but instead the defendant sought to establish in himself title emanating from the same source.

“As a general rule, no property can be sold under a tax execution in personam as the property of the defendant therein, when the defendant has neither title nor possession…