Mack v. Felt

Supreme Court of Georgia

Mack v. Felt

144 S.E. 203, 166 Ga. 705, 1928 Ga. LEXIS 384

CourtSupreme Court of Georgia

DecidedAugust 16, 1928

DocketNo. 6267

StatusPublished

Cited by2 cases

This text of 144 S.E. 203 (Mack v. Felt) 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

Mack v. Felt, 144 S.E. 203, 166 Ga. 705, 1928 Ga. LEXIS 384 (Ga. 1928).

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Opinion

Hill, J.

The special grounds of the motion for new trial are not argued or insisted upon in the brief of the attorneys for the plaintiff in error, and will be treated as abandoned.

The defendant claims as sole legatee of her deceased husband, Thomas Mack, who died in possession of the land. The uncontradicted evidence showed that he had been in actual possession for more than thirty years at the time of his death, paying taxes thereon; but the evidence authorized a finding that his possession originated permissively and by consent of the heirs at law of Fannie Felt, under whom the .plaintiffs claim, and that the possession of Thomas Mack was permissive throughout his life and at the time of his death, which was less than seven years before the institution of the suit. In these circumstances the jury was authorized to find against a prescription based on such possession, and against a presumption of title based on the fact that Thomas Mack died in actual possession of the property. In this view the evidence was sufficient to support the verdict for the plaintiffs, and there was no error in refusing a new trial on motion based on the general grounds. Judgment affirmed.

All the Justices concur.

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Hill, J.

The special grounds of the motion for new trial are not argued or insisted upon in the brief of the attorneys for the plaintiff in error, and will be treated as abandoned.

The defendant claims as sole legatee of her deceased husband, Thomas Mack, who died in possession of the land. The uncontradicted evidence showed that he had been in actual possession for more than thirty years at the time of his death, paying taxes thereon; but the evidence authorized a finding that his possession originated permissively and by consent of the heirs at law of Fannie Felt, under whom the .plaintiffs claim, and that the possession of Thomas Mack was permissive throughout his life and at the time of his death, which was less than seven years before the institution of the suit. In these circumstances the jury was authorized to find against a prescription based on such possession, and against a presumption of title based on the fact that Thomas Mack died in actual possession of the property. In this view the evidence was sufficient to support the verdict for the plaintiffs, and there was no error in refusing a new trial on motion based on the general grounds. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

144 S.E. 203, 166 Ga. 705, 1928 Ga. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-felt-ga-1928.

Opinion

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