Brinkley v. Bell
Supreme Court of Georgia
Complaint for land. Before Judge Hammond. Burke superior court. August 18, 1905. Henry Q. Bell and others brought an action to recover a described parcel of land, against John Sherman. Tlie abstract of' title attached to the petition' was as follows: “1st. Possession and title in Simeon Bell Sr. 2nd. Deed dated February 4th, 1867, executed by.
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Complaint for land. Before Judge Hammond. Burke superior court. August 18, 1905. Henry Q. Bell and others brought an action to recover a described parcel of land, against John Sherman. Tlie abstract of' title attached to the petition' was as follows: “1st. Possession and title in Simeon Bell Sr. 2nd. Deed dated February 4th, 1867, executed by. Simeon Bell Sr., reserving life-estate to grantor and conveying life-estate to Seaborn J. Bell with remainder in fee simple to such child or children or child’s child as he shall leave surviving him at his death; the land conveyed being 500 acres,…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
The rule of the common law, that where both parties in ejectment derive title from a common source, the plaintiff is not required to show title in such person, has been often recognized by this court as being applicable to an action for the recovery of land brought under the common-law form as well as such an action brought under the code. See cases cited in 4 Michie’s Enc. Dig. 77. If the plaintiff claims as a remainderman under a deed creating a life-estate in one person and a remainder to him, and the defendant claims under a conveyance from the…
2Cases cited2 opinions
- Brundage v. BivensSupreme Court of Georgia · 1898
- McConnell v. Cherokee Mining Co.Supreme Court of Georgia · 1901
3Cited by14 opinions
- Florida Yellow Pine Co. v. Flint River Naval Stores Co.Supreme Court of Georgia · 1913
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Jackson v. SandersSupreme Court of Georgia · 1945
- Brinkley v. BellSupreme Court of Georgia · 1908
- Dean v. Grogan-Cochran Lumber Co.Court of Appeals of Texas · 1933
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