McMullin v. Erwin
Supreme Court of Georgia
Ejectmeut. Title. Prescription. Deeds. Before Judge Rice. White Superior Court. October Term, 1876. Neal McMullin and Thomas P. Neal brought ejectment against Pal Erwin, to recover a certain tract of land in White county. Defendant, besides the general issue, pleaded title by prescription.
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Ejectmeut. Title. Prescription. Deeds. Before Judge Rice. White Superior Court. October Term, 1876. Neal McMullin and Thomas P. Neal brought ejectment against Pal Erwin, to recover a certain tract of land in White county. Defendant, besides the general issue, pleaded title by prescription. On the trial, plaintiffs introduced the following evidence : (1.) A copy grant from the state to Neal McMullin for the land in dispute, dated December 3d, 1829 — the absence of the original grant was duly accounted for. (2.) Evidence of Thomas P. Neal, who testified, in brief, as follows: The lot in dispute…
1Opinion of the Court
Bleckley, Judge.
1. If a man takes a color of title, whether bond or deed, from one whom he knows has no right to make it, he cannot use it as the basis of prescription, for to do so would be a fraud on the true owner. To deprive the owner of his property by such means would be to steal it. The law has better morality than to sanction that sort of a transaction. But all the turpitude of such a case lies in the mind. With knowledge, or even with well-founded belief, the intention is corrupt — the motive is impure, the man is bad, and his *430act is bad. Without such knowledge or belief, however,…
2Cited by4 opinions
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Allen v. KellamSupreme Court of Alabama · 1881
- Cliett v. Metropolitan Life Insurance Co.Supreme Court of Georgia · 1943
- Swygert v. RobertsCourt of Appeals of Georgia · 1975