Terrell v. Gould

1. A plaintiff in ejectment may recover the premises in dispute, upon his former possession alone, against one who subsequently acquires possession of the land by a mere entry and without any lawful right whatever. Civil Code (1910), § 5586. Prior possession is some evidence of title, and is sufficient as a basis for recovery of possession as against a trespasser. Horton v. Murden, 117 Ga. 72 (6) (43 S. E. 786).

2. Evidence of prior possession alone is sufficient to put the defendant on proof that he has a better title than that of the plaintiff. Horton v. Murden, supra; Moss v. Chappell, 126…