Butts v. Deen Realty & Improvement Co.

Supreme Court of Georgia

Butts v. Deen Realty & Improvement Co.

91 S.E. 113, 146 Ga. 362, 1917 Ga. LEXIS 308

DecidedJanuary 11, 1917

StatusPublished

This text of 91 S.E. 113 (Butts v. Deen Realty & Improvement Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butts v. Deen Realty & Improvement Co., 91 S.E. 113, 146 Ga. 362, 1917 Ga. LEXIS 308 (Ga. 1917).

Pincite

Opinion

Atkinson, J.

1. “A mere squatter on a lot of land, without color of title or claim of right, can not defeat the title of the true owner by conveying the land to other purchasers who have full knowledge of the nature and character of the title when they purchase it, although they may have been in possession of it for seven years under such title.” Compton v. Newton, 129 Ga. 619 (59 S. E. 270). There was evidence which would have authorized the jury to apply to this case the principle just announced; and the charge as complained of in the fourth and fifth grounds of the amended motion for now trial was such as to confuse the jury in applying the principle.

2. Certain requests to charge, as embodied in other grounds of the motion for new trial, were not themselves accurate and adjusted to the facts, and it was not erroneous to refuse them.

3. As the judgment will he reversed on account of the error in the charge dealt with in the first headnote, it is unnecessary to rule upon the general grounds of the motion for new trial.

Judgment reversed.

All the Justices-concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Atkinson, J.

1. “A mere squatter on a lot of land, without color of title or claim of right, can not defeat the title of the true owner by conveying the land to other purchasers who have full knowledge of the nature and character of the title when they purchase it, although they may have been in possession of it for seven years under such title.” Compton v. Newton, 129 Ga. 619 (59 S. E. 270). There was evidence which would have authorized the jury to apply to this case the principle just announced; and the charge as complained of in the fourth and fifth grounds of the amended motion for now trial was such as to confuse the jury in applying the principle.

2. Certain requests to charge, as embodied in other grounds of the motion for new trial, were not themselves accurate and adjusted to the facts, and it was not erroneous to refuse them.

3. As the judgment will he reversed on account of the error in the charge dealt with in the first headnote, it is unnecessary to rule upon the general grounds of the motion for new trial.

Judgment reversed.

All the Justices-concur.

Cite This Page — Counsel Stack

Bluebook (online)

91 S.E. 113, 146 Ga. 362, 1917 Ga. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butts-v-deen-realty-improvement-co-ga-1917.

Opinion

Related

Cite This Page — Counsel Stack