Morris v. Davis
Supreme Court of Georgia
Estates. Tenants in Common. Prescription. Levy and Sale. Deeds. Before Judge Clarke. Fulton Superior Court. April Term, 1885. On April 18,1882, Mrs. Mary A. Davis filed her petition for partition, alleging that J. E. Morris and J. A. Defoor, as trustees of Lou Ida Davis and Mollie O. Davis, minors, were in possession of a lot fronting fifty-two feet on Forsyth street and running back seventy feet, in the city of Atlanta; that she claimed a one-third interest in twenty-seven…
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Estates. Tenants in Common. Prescription. Levy and Sale. Deeds. Before Judge Clarke. Fulton Superior Court. April Term, 1885. On April 18,1882, Mrs. Mary A. Davis filed her petition for partition, alleging that J. E. Morris and J. A. Defoor, as trustees of Lou Ida Davis and Mollie O. Davis, minors, were in possession of a lot fronting fifty-two feet on Forsyth street and running back seventy feet, in the city of Atlanta; that she claimed a one-third interest in twenty-seven feet of the northwest portion of the lot and improvements and one-sixth of the balance of the lot. (The notice of…
1Opinion of the Court
Jackson, Chief Justice.
Mary A. Davis filed in the superior court of Fulton county a petition for partition of certain property on Forsyth street in Atlanta, alleging that she was tenant in common with Lou Ida and Martha 0. Davis, minors, who were represented by trustees and guardians. The defendant denied the tenancy in common, and on that issue was joined, and the jury found for the plaintiff. On the denial of a motion for a new trial, the defendants excepted, and the case is before this court for review.
1. “There can be no adverse possession against a co-tenant until actual ouster, or…
2Cases cited2 opinions
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3Cited by15 opinions
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- Harris v. MandevilleSupreme Court of Georgia · 1943
- Rollins v. DavisSupreme Court of Georgia · 1895
- Milam v. AdamsSupreme Court of Georgia · 1960
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