Barber v. Shaffer
Supreme Court of Georgia
Prescription. Possession., Deeds. Title. Before Judge Branham. Paulding Superior Court. August Adjourned Term, 1885. Shaffer et al. brought ejectment against Barber, tenant, et al. Defendants relied on a prescriptive title. The deed under which they claimed conveyed six lots, described as follows: “No. 212, No. 73, No. 380, Nb. 382, No. 310; also No. 412, six lots in the second district, third section, containing each lot forty acres to the same, more or less.”
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Prescription. Possession., Deeds. Title. Before Judge Branham. Paulding Superior Court. August Adjourned Term, 1885. Shaffer et al. brought ejectment against Barber, tenant, et al. Defendants relied on a prescriptive title. The deed under which they claimed conveyed six lots, described as follows: “No. 212, No. 73, No. 380, Nb. 382, No. 310; also No. 412, six lots in the second district, third section, containing each lot forty acres to the same, more or less.” Later on in the deed, the lots are spoken of as follows: “ The said six forty-acre lots, according to the Cherokee purchase, now…
1Opinion of the Court
Jackson, Chief Justice.
The controlling question in this record is, whether the *287deed, by which the plaintiff in error defended his possession of the lots of land i.n dispute as color of title for seven years, extended over them by constructive possession thereof, there being no actual possession of them. The deed does not convey, or purport to convey, one tract of land, which embraced so many lots as one whole body of continuous land,consisting oí so many acresj but it conveys several distinct and separate lots of forty acres each, more or less, without any intimation of a sale of all as one…
2Cases cited1 opinion
- Parker v. JonesSupreme Court of Georgia · 1876
3Cited by5 opinions
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- Fitzpatrick v. Massee-Felton Lumber Co.Supreme Court of Georgia · 1939
- Johnson v. SimerlySupreme Court of Georgia · 1892
- Georgia Minerals Co. v. CoxSupreme Court of Georgia · 1923