Smith v. Gentry
Supreme Court of Georgia
In Equity, in Eayette Superior Court. Demurrer. Decided. by Judge Warner, March Term, 1854. Everett Noland drew lot of land No. 48, in the 13th district of originally Henry, now Fayette county. Noland died in 1823 or ’24, without heirs, distributees or creditors. Mason Gentry purchased said lot of land, in 1836, from Samuel Smith, 'taking his bond for titles and paying a part of the purchase-money — Smith being in possession at the time and claiming •the land as his own.
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In Equity, in Eayette Superior Court. Demurrer. Decided. by Judge Warner, March Term, 1854. Everett Noland drew lot of land No. 48, in the 13th district of originally Henry, now Fayette county. Noland died in 1823 or ’24, without heirs, distributees or creditors. Mason Gentry purchased said lot of land, in 1836, from Samuel Smith, 'taking his bond for titles and paying a part of the purchase-money — Smith being in possession at the time and claiming •the land as his own. Gentry went immediately into possession, and has continued so ever since. In 1849, John Smith took out letters of…
1Opinion of the Court
*32 By the Court.
Starnes, J.
delivering the opinion.
[1.] The complainant in this case, is in the possession of the land specified in the bill,-under a claim of right, in good faith asserted, and has been so for many years. His possession, under such circumstances, must prevail until some .one shows a better title to the land. Can such title be shown by the defendant, who has administered on the estate of Samuel Smith, (admitting title to be in this estate,) for the purpose of recovering the land from the complainant, when there are nevtherheirs, distributees nor creditors of said estate ?
The bill…
2Cited by3 opinions
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- Herndon v. StateCourt of Appeals of Georgia · 1919
- Oslin v. StateSupreme Court of Georgia · 1926