land claim in Georgia

8 Georgia opinions name it 2 courts 1900–1964 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Tift v. State Highway Departmentgreen gactapp · 1959 · cited in 1 Georgia opinions naming this issue, 1964–1964 2 sentences 1964Dept., 99 Ga. App. 387, 391 ( 108 SE2d 724 ), to this extent: since the jury must determine the value of the land as of the time of the taking, it is entitled to have information as to any buildings or improvements that may have since been removed, and if it is to appear that the buildings are presently on other lands of the condemnee the jury is entitled to an explanation of that fact as, for example, that the condemnee has purchased and removed the buildings to their present location. 1964Dept., 99 Ga. App. 387, 391 ( 108 SE2d 724 ), to this extent: since the jury must determine the value of the land as of the time of the taking, it is entitled to have information as to any buildings or improvements that may have since been removed, and if it is to appear that the buildings are presently on other lands of the condemnee the jury is entitled to an explanation of that fact as, for example, that the condemnee has purchased and removed the buildings to their present location.	1	1
Burch v. Kinggreen gactapp · 1914 · cited in 1 Georgia opinions naming this issue, 1956–1956 2 sentences 1956Nevertheless, as to the actual loss in market value of the premises due to the cutting of timber, either before or after the grant of the injunction, McMillian might be held liable under the above-cited cases on the theory that the maker of the instrument is “liable in trespass with the actual perpetrator, upon the theory that the maker has put in motion the thing which subsequently 894 induced the party to commit the trespass.” Burch v. King, 14 Ga. App. 153, 156 ( 80 S. E. 664 ). 1956Nevertheless, as to the actual loss in market value of the premises due to the cutting of timber, either before or after the grant of the injunction, McMillian might be held liable under the above-cited cases on the theory that the maker of the instrument is “liable in trespass with the actual perpetrator, upon the theory that the maker has put in motion the thing which subsequently 894 induced the party to commit the trespass.” Burch v. King, 14 Ga. App. 153, 156 ( 80 S. E. 664 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Doe ex dem. Vickery v. Roe neutral ga · 1858 2 sentences 1909To support his contention that if the defendant and those under whom he claims acquired a good title, it could be lost by abandonment, counsel relied mainly upon the decision of this court' in the case of Vickery v. Benson, 26 Ga. 582 , where it was held: “Although one holds another’s land adversely for seven years under color of title and claim of right, yet if he then abandons the land he can not claim the benefit of the statute of limitations.” It should be borne in mind that this decision was rendered, and the abandonment therein referred to occurred, prior to the adoption of the Code of 1 1900In Vickery v. Benson, 26 Ga. 582 (3), it was held: “Although one holds another’s land adversely for seven years, under color of title and claim of right, yet if he then abandons the land he can not claim the benefit of the statute of limitations.” Benning, J., delivering the opinion, on that point says: “It does not thence follow that in every case seven years adverse possession, .'under color of title and claim of right, gives a title to the occupant.	2	1900–1909
Byrom v. Gunn green ga · 1900 1 sentence 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
Jordan v. Glover green ga · 1900 1 sentence 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
Street v. Collier green ga · 1903 2 sentences 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L. 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
Turner v. Neisler green ga · 1913 2 sentences 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L. 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
Townsend v. State neutral ga · 1922 1 sentence 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
Byrom v. Riley neutral ga · 1922 1 sentence 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
City of Barnesville v. Stafford green ga · 1926 2 sentences 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L. 1946Connell v. Culpepper, 111 Ga. 805 ( 35 S. E. 667 ); Street v. Collier, 118 Ga. 470 ( 45 S. E. 294 ); Turner v. Neisler, 141 Ga. 27 (6) ( 80 S. E. 461 ); Byrom v. Riley, 154 Ga. 580 ( 114 S. E. 642 ); City of Barnesville v. Stafford, 161 Ga. 588 ( 131 S. E. 487 , 43 A. L.	1	1946–1946
Smith v. Burrus green ga · 1912 2 sentences 1935Smith v. Burrus, 139 Ga. 10 ( 76 S. E. 362 ) ; Code of 1910, § 5465; Code of 1933, § 37-1407. 1935Smith v. Burrus, 139 Ga. 10 ( 76 S. E. 362 ) ; Code of 1910, § 5465; Code of 1933, § 37-1407.	1	1935–1935
Watkins v. Woolfolk neutral · 1848 1 sentence 1909It was held in the case of Watkins v. Woolfolk, 5 Ga. 261 : (1) “Where a plaintiff in ejectment had been in possession of land for the period prescribed by the statute of limitations, holding adversely under color of title: Held that the action was maintainable against a defendant who had a regular chain of paper title, but who entered upon the premises after the expiration of seven years.” (2) “The statute of limitations of this State not only bars the right of action, after the expiration of seven years, but bars the right of entry also.” On page 268 it was said: “The only question pre sente	1	1909–1909
McDonough & Co. v. Carter & Co. neutral ga · 1896 1 sentence 1905McDonough v. Carter, 98 Ga. 703 .	1	1905–1905
Collier v. Harkness neutral ga · 1858 1 sentence 1902This court in the case of Collier v. Harkness, 26 Ga. 362 , held that “A contract for the sale of land will not be set aside by .the mere false assertion of the vendor as to the productiveness of the property, especially where no rescission has been applied for.” Another case considerably in point is that of Allen v. Gibson, 53 Ga. 600 , in which the rule is laid down, “ That a defendant paid too much for the land is no defense to notes given for the purchase-money, where he had opportunity of examination, even though he acted upon the representations of the plaintiff and another.” In Stone v.	1	1902–1902
Allen v. Gibson neutral ga · 1875 1 sentence 1902This court in the case of Collier v. Harkness, 26 Ga. 362 , held that “A contract for the sale of land will not be set aside by .the mere false assertion of the vendor as to the productiveness of the property, especially where no rescission has been applied for.” Another case considerably in point is that of Allen v. Gibson, 53 Ga. 600 , in which the rule is laid down, “ That a defendant paid too much for the land is no defense to notes given for the purchase-money, where he had opportunity of examination, even though he acted upon the representations of the plaintiff and another.” In Stone v.	1	1902–1902
Fuller v. Buice green ga · 1888 1 sentence 1902Said Mr. ‘Justice Blandford: “ When the consideration of a contract is for land, the purchaser contracts with his eyes open, and if he is not in some ■way deprived of the opportunity of inspecting the land for himself by the fraudulent acts or conduct of the vendor, he will not be heard to complain; such things as the soil growth or springs on the land are open to inspection, and he is wilfully negligent if he fail to look and see for himself; it is his fault and negligence, and he can not be heard, either at law or in equity, to complain of the conduct of the other party, the effects of which	1	1902–1902
Stone v. Moore green ga · 1885 1 sentence 1902This court in the case of Collier v. Harkness, 26 Ga. 362 , held that “A contract for the sale of land will not be set aside by .the mere false assertion of the vendor as to the productiveness of the property, especially where no rescission has been applied for.” Another case considerably in point is that of Allen v. Gibson, 53 Ga. 600 , in which the rule is laid down, “ That a defendant paid too much for the land is no defense to notes given for the purchase-money, where he had opportunity of examination, even though he acted upon the representations of the plaintiff and another.” In Stone v.	1	1902–1902

Where else courts name it

NC 61 (1918–2025) TX 38 (1892–2016) PA 20 (1846–2026) IL 18 (1896–2019) CA 13 (1859–2023) OH 13 (1961–2012) LA 12 (1919–2015) NY 12 (1891–2024) MO 12 (1894–2019) TN 11 (1945–2020) RI 11 (1968–2012) FL 11 (1894–2008) OK 10 (1921–2018) MA 9 (1902–2005) UT 9 (1921–2020) MS 9 (1885–2007) KS 8 (1896–2015) GA 8 (1900–1964) AR 8 (1907–2014) MD 7 (1927–2026) MI 7 (1893–2024) WA 7 (1923–2013) AL 7 (1937–2014) NJ 6 (1982–2020) IN 6 (1996–2025) OR 6 (1966–2023) WI 5 (1885–2026) ME 4 (1998–2025) MN 4 (1890–2026) WV 3 (1927–1954) IA 3 (1903–1940) AK 3 (1997–2009) HI 3 (1911–2025) NE 3 (1908–2021) VT 3 (1847–2013) CT 3 (1994–2011) KY 3 (1952–2008) NM 3 (1991–2004) ND 2 (1921–2014) DE 2 (2017–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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