Worthy v. Kinamon
Supreme Court of Georgia
Capture. Prescription. Before Judge Parrott. Whitfield Superior Court. November Term, 1870. In May, 1869, Worthy brought trover against Kinamon et al. for a horse. They pleaded the general issue and the statute of limitations — four years.
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Capture. Prescription. Before Judge Parrott. Whitfield Superior Court. November Term, 1870. In May, 1869, Worthy brought trover against Kinamon et al. for a horse. They pleaded the general issue and the statute of limitations — four years. Plaintiff proved that in November or December, 1864, he owned and possessed the horse, when two men, following behind a body of Federal soldiery, and wearing the Federal uniform, but denying that they were soldiers, took the horse from him, and that he never saw the horse again till in 1866, when one of the defendants had him, and that he then demanded him…
1Opinion of the Court
McCay, Judge.
1. To make out a good title by prescription,- the defendant must have been four years in possession, bona fide, and under claim of right: Code, 2643. The defendant shows possession in Dooly, of Gordon county, in 1866, not four *299years. To make out his prescriptive’ title,' he insists that somebody, other than the plaintiff, must have been in possession from the lime the house was taken in 1864, up to the time he came into the possession of Hampton, Dooly’s vendee, in 1866. But who was that somebody? Perhaps it was the very person who, illegally, took the horse. No prescription…
2Cited by3 opinions
- Hammond & Hinson v. Crosby & Co.Supreme Court of Georgia · 1882
- Dasher v. EllisSupreme Court of Georgia · 1898
- Rutherford v. HobbsSupreme Court of Georgia · 1879