Legal Opinion

Sewell v. Holland

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 20 opinions

Partition. Tenants in common. Title. Prescription. Notice. Deeds. Consideration. Before Judge IIillyer . Pulton Superior Court. .October Adjourned Term, 1877. On November 19, 1873, Holland, claiming to be tenant in common with Sewell of 145 acres of land in Fulton county, filed his petition for partition.

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Partition. Tenants in common. Title. Prescription. Notice. Deeds. Consideration. Before Judge IIillyer . Pulton Superior Court. .October Adjourned Term, 1877. On November 19, 1873, Holland, claiming to be tenant in common with Sewell of 145 acres of land in Fulton county, filed his petition for partition. Sewell objected upon the ground that the applicant had no title, and that the sole title thereto was in him. •' " The petitioner showed a paper title to an undivided half interest in the land to himself. Constituting a part of his chain were three deeds, the first, from W. Euclid Young and…

1Opinion of the Court

Bleckley, Jristice.

1. There is no dispute that Willis and Young owned the land as tenants in common, that Willis bargained it in writing to Sewell, who paid at least a part of the purchase money, and went into possession, claiming the whole of it under this purchase ; that Willis did not attempt to sell his interest only, but attempted to sell to Sewell the interest of Young also, holding himself out as authorized by Young so to do; and that Young’s interest was afterwards formally conveyed to Holland. It is insisted that if Sewell had actual possession and claimed the whole land, especially…

2Cases cited1 opinion

  1. Coleman v. LaneSupreme Court of Georgia · 1858

3Cited by20 opinions

  1. Street v. CollierSupreme Court of Georgia · 1903
  2. Nathans v. ArkwrightSupreme Court of Georgia · 1880
  3. Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
  4. Broome v. DavisSupreme Court of Georgia · 1891
  5. Cox v. ZuckerSupreme Court of Georgia · 1958

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