Legal Opinion

Gunter v. Smith

Supreme Court of Georgia

Decided March 25, 1901PublishedCited by 22 opinions

Equitable petition. Before Judge Reese. Hart superior court. March 19, 1900.

1Opinion of the CourtCobb, J.

1. There is in this State no statute of limitations applicable to an action for the recovery of land. Pollard v. Tait, 38 Ga. 439 (2); Johnson v. Neal, 67 Ga. 528.

2. If in an action for the recovery of land it appears upon the face of the petition that the defendant has acquired a prescriptive title to the land in controversy, as against the plaintiff, such defect in the plaintiff’s case may be taken advantage of by demurrer.

3. If the grantee in a security deed goes into possession of the land thereby conveyed under no other claim than such a deed, he is in possession simply for the purpose…

2Cases cited3 opinions

  1. Polhill v. BrownSupreme Court of Georgia · 1890
  2. Roe v. Doe ex dem. TaitSupreme Court of Georgia · 1868
  3. Johnston v. NealSupreme Court of Georgia · 1881

3Cited by22 opinions

  1. Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
  2. Harris v. PowersSupreme Court of Georgia · 1907
  3. Marshall v. PierceSupreme Court of Georgia · 1911
  4. Latham v. FowlerSupreme Court of Georgia · 1941
  5. Ray v. PitmanSupreme Court of Georgia · 1904

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