Beverly v. Burke
Supreme Court of Georgia
Ejectment in Fayette Superior Court. Tried before Judge Hill, March Term, 1853. This was an action brought by John Burke, to recover a portion of a lot of land, lying partly in Fayette county, and partly in Campbell. The portion in Fayette was in dispute in this case. The plaintiff relied on color of title, and adverse possession. A Sheriff’s deed, from the Sheriff of Campbell county, was introduced, conveying the whole lot, which, as above stated, lay partly in Fayette.
Read the full summary
Ejectment in Fayette Superior Court. Tried before Judge Hill, March Term, 1853. This was an action brought by John Burke, to recover a portion of a lot of land, lying partly in Fayette county, and partly in Campbell. The portion in Fayette was in dispute in this case. The plaintiff relied on color of title, and adverse possession. A Sheriff’s deed, from the Sheriff of Campbell county, was introduced, conveying the whole lot, which, as above stated, lay partly in Fayette. This was objected to by the defendant, as being void as to the land in Fayette, which was nowin dispute. The Court admitted…
1Opinion of the Court
By the Court.
Starned J.
delim-ing the opinion.
*72[1.] It is the opinion of this Court, that there was no error* in the admission of the deed from the Sheriff of Campbell county, to the tract of land lying in Payette county. An instrument such as this is alleged to be, is admitted, though defective, in aid of possession, because it is looked to as a sort of definition of the limits and extent of the claim by possession. Such purpose it servos, though not perfect title ; but only a sign, semblance, or color of title. In this point of view, it was proper testimony in this case.
This very question,…
2Cited by6 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Baxter v. PhillipsSupreme Court of Georgia · 1920
- Blue Ridge Apartment Co. v. Telfair Stockton & Co.Supreme Court of Georgia · 1949
- Nasser v. GastonWashington Supreme Court · 1912
- Peeples v. WilsonSupreme Court of Georgia · 1913
1 more not listed; retrieve them via the Exa API.