120 Ga. 957 | Ga. | 1904
(After stating the foregoing facts.) It is unnecessary to determine whether the deeds executed out of the State had been properly attested, or whether they were duly recorded.
Here the suit was filed September, 1900. The witnesses testified in October, 1903. One of these said that Curtis entered “ six or seven years ago; ” another that he entered “ between seven and nine years ago. ” Giving this the most favorable construction for the plaintiff, it would appear that Curtis had entered, at the farthest, not more than six years before the suit was filed. This was wholly insufficient to make out a prescription under that entry, even if the storing of tools by Frohawk could be treated as that open and notorious possession required by the statute. It did not continue for seven years, nor could this period be tacked to the five years possession of Clark, which terminated in 1883. While the occupants may be many, there must be one unbroken and continuous possession for the statutory period. A may surrender his inchoate title to B, and if B enters and maintains the possession unbroken, the two periods may be so tacked as to create a prescription in favor of B. But disjointed, interrupted, and discontinuous periods of possession, of one or many, can not be tacked so as to ripen into good title by prescription.
Judgment affirmed.