Gresham v. Webb
Supreme Court of Georgia
Complaint, for land, in Haralson Superior Court. Tried before Judge Hammond, April Term, 1859. This was an action (brought in the form prescribed by the Act of 1847) by Edward Gresham, against William C. Webb, and Elihu M. Williams, for lot of land number 195,' in the seventh district of Haralson county. Plaintiff proved that the defendants had adverse possession of the land at the commencement of this suit, and had had for more than a year before.
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Complaint, for land, in Haralson Superior Court. Tried before Judge Hammond, April Term, 1859. This was an action (brought in the form prescribed by the Act of 1847) by Edward Gresham, against William C. Webb, and Elihu M. Williams, for lot of land number 195,' in the seventh district of Haralson county. Plaintiff proved that the defendants had adverse possession of the land at the commencement of this suit, and had had for more than a year before. Plaintiff then offered in evidence a copy grant (having first proved the loss of the original) to John H. Goldsby, for the premises in dispute;…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
Up to 1857, in the case of Cain & Morris vs. Monroe, 23 Georgia Reports 82, fit had always been held in this State, that a conveyance of land by one against whom the land conveyed was held adversely byBclaim of title, was void. The contrary doctrine was ruled by a majority of this Court in that case. My brother Stephens who has taken the place-of Governor McDonald concurring with me, that the former adjudications were right, the old doctrine is reestablished, and I trust the rule thus resettled, will remain until changed by the Legislature; for…
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