184 Ga. 773 | Ga. | 1937
The petition, while referred to as a bill of interpleader, does not come within the purview of such a proceeding as defined in the Code, § 37-1503. See Manufacturers Finance Co. v. Jones Co., 141 Ga. 619 (b) (81 S. E. 1033);
There is no evidence that Mrs. Tanner ever expressly claimed ownership of the certificate. A claim of right or title, however, may be evidenced by acts or conduct in relation to the property possessed, which are inconsistent with the true owner's title. Hostile possession or possession under a claim of right axe, for all practical purposes, legal equivalents. Lathrop v. Lavarn, 83 Vt. 1, 4 (74 Atl. 331); Brown v. Clark, 73 Vt. 233 (50 Atl. 1066); Morse v. Churchill, 41 Vt. 649. On such acts or conduct on the part of Mrs. B. H. Tanner the plaintiff's case must stand or fall. While it is alleged in the petition that the certificate was sold to Mrs. B. H. Tanner by the administrators of the estate of B. H. Tanner, there is no evidence that any sale ever took place; in fact the evidence is to the contrary. Nor is there any evidence that Mrs. B. H. Tanner ever claimed, or was under the impression, that the certificate was so sold to her. So far as may be gathered from the evidence, Mrs. B. II. Tanner obtained possession of the certificate by reason of its being in the home of the intestate when he died. Her possession from its inception, it not appearing otherwise, must be presumed to have, been permissive. “Possession per se evidences no more than the mere fact of present occupation by right; for the law will not presume a-wrong; . . the case . . must depend upon the collateral circumstances, which is the quality and the extent of the interest claimed by the party; and to that extent, and that only, will the presumption of law go in Ins favor. . . For the law will never construe a possession tortious, unless from necessity. On the other hand it will consider every possession lawful, the commencement and continuance of
It is true that E. L. Tanner, one of the discharged administra
Judgment affirmed.