Whelchel v. Hall County

Supreme Court of Georgia

Whelchel v. Hall County

133 S.E. 865, 162 Ga. 394, 1926 Ga. LEXIS 200

Supreme Court of Georgia·Decided June 22, 1926·No. No. 5063·Published

Opinion

Beck, P. J.

Tlie court did not err in refusing an injunction. The petitioner failed to show title in her intestate. She introduced a deed from a third party, but there was no attempt to derive title from the State nor from any one shown to have been in possession, and it is not shown that plaintiff or her intestate had been in possession of this land. The mere statement of a witness that he was the agent of the plaintiff and had been looking after the property in question did not supply proof of possession. Judgment affirmed.

All the Justices concur. J. 0. Adams and Charters & Wheeler, for plaintiff. Edgar B. Dunlap, for defendants.

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Beck, P. J.

Tlie court did not err in refusing an injunction. The petitioner failed to show title in her intestate. She introduced a deed from a third party, but there was no attempt to derive title from the State nor from any one shown to have been in possession, and it is not shown that plaintiff or her intestate had been in possession of this land. The mere statement of a witness that he was the agent of the plaintiff and had been looking after the property in question did not supply proof of possession. Judgment affirmed.

All the Justices concur. J. 0. Adams and Charters & Wheeler, for plaintiff. Edgar B. Dunlap, for defendants.

Whelchel v. Hall County, 133 S.E. 865, 162 Ga. 394, 1926 Ga. LEXIS 200 (Ga. 1926).

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