Johnson v. Girtman

42 S.E. 96, 115 Ga. 794, 1902 Ga. LEXIS 598

• Court: Supreme Court of Georgia
• Decided: June 12, 1902
• Status: Published

Opinion

Simmons, C. J.

1. “A quitclaim deed, taken in good faith, is sufficient color upon which to base title by prescription, when accompanied by seven years’ possession thereunder.” Castleberry v. Black, 58 Ga. 386.

2. A deed whereby the grantor, for a valuable consideration, grants, remises, sells, and releases unto the grantee, his heirs and assigns, “ all the right, title, interest, claim, or demanda[the grantor] has or may have had in and to his. interest in and to ” a certain described lot of land, is sufficient to amount to a conveyance of whatever interest the grantor had in the entire lot.

3. Where the grantee in such a deed purchases the land in go'od faith, goes into possession under the deed, and holds the land adversely for more than seven years, his claim ripens into a good prescriptive title.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.