Keever v. Dellinger
291 Ga. 860
Ga.2012Background
- Keever, as administrator of the Estate of Henry Keever, claimed adverse possession of Bartow County Property against Dellinger in a quiet title action.
- Dellinger held the record title to the Property; Keever claimed ownership by adverse possession.
- A Special Master (2007) found Dellinger had superior title but Keever showed adverse possession as a matter of fact and law.
- The superior court rejected the Special Master’s adverse-possession finding and ordered a jury trial on that issue.
- A jury determined Keever failed to prove exclusive possession, and the trial court entered judgment for Dellinger; Keever appeals on evidentiary rulings and related issues.
- The court ultimately affirmed, addressing preservation and other evidentiary challenges, and noting statutory changes affecting juror eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adverse possession verdict weight whether supported | Keever argues the weight of the evidence supports adverse possession | Dellinger contends evidence does not support exclusive possession | Evidence supported a jury verdict that exclusive possession was not proven. |
| Preservation of Cabe testimony error | Keever asserts trial error from Cabe’s presumed testimony | Dellinger contends no preservation and harmless if error | Error not preserved or harmless; admissibility of similar testimony sustained. |
| Admission of title-insurance evidence | Keever argues policy evidence was prejudicial | Dellinger contends policy is relevant to possession claim | Admission was within trial court’s discretion and not error. |
| Felony juror due process issue | Keever claims juror with felony history violated due process | No showing of bias or unfairness; statute and common law concerns evaluated | No due process violation; juror’s conduct not shown to affect fairness. |
| Mootness of Special Master finding | Keever argues Special Master’s adverse-possession finding should control | Jury verdict controls; mootness due to trial disposition | Issue moot after jury verdict; review limited to weight of evidence standard. |
Key Cases Cited
- Jackson v. Tolliver, 277 Ga. 58 (Ga. 2003) (standard for reviewing weight of evidence on new-trial motions)
- Wallis v. Porter, 290 Ga. 218 (Ga. 2011) (finder of fact credibility governs weight of evidence)
- Hughes v. Cobb County, 264 Ga. 128 (Ga. 1994) (credibility and weight of testimony not reweighed on appeal)
- Turner v. Trammel, 285 Ga. 847 (Ga. 2009) (evidence sufficiency standard in jury trials)
- Bennett v. State, 262 Ga. 149 (Ga. 1992) (common-law disqualification concerns juror conduct and due process)
- Williams v. State, 12 Ga. App. 337 (Ga. 1913) (historical juror disqualification considerations in criminal matters)
- Owens v. State, 248 Ga. 629 (Ga. 1981) (trial-court discretion on relevance and admissibility of evidence)