149 Ga. 264 | Ga. | 1919
1. This was an action in ejectment to recover 2256 acres of land, more or less, known as the “Honeygall tract” in Glynn county, and mesne profits. The tract was described as bounded on the north by the Altamaha river, on the east by the “Middleton lands,” on the
1. In order for a plaintiff in ejectment to recover upon proof of an unabandoned prior possession (no written color of title in the possessor being shown), against one who subsequently acquires possession by mere entry and without any lawful right, the evidence must show that the possessor had actual possession of the whole tract, or, if he was in actual possession of only a part of the tract, the evidence must so define the boundaries of the part that it may be described in the verdict. Ragan v. Carter, 145 Ga. 320 (89 S. E. 206).
(а) The evidence failing to show actual prior possession of the whole tract and failing to identify with any degree of certainty whatever the boundaries of the tract actually possessed by the plaintiff’s predecessors in title, a prima facie case for recovery on the theory of prior possession was not made.
(b) The evidence did not authorize a finding that any of the plaintiff’s predecessors in title died in possession.
2. If the original of any properly registered deed is lost, destroyed, or inaccessible, and prima facie proof of the loss, destruction, or inaccessibility of the original be shown, a certified copy from the registry, in the absence of an affidavit of forgery, is admissible in evidence and is suffi
3. The verdict, which is authorized by the evidence, is not too' vague and uncertain to support the judgment. Assignments of error not specifically dealt with, in -so far as they are sufficient in form to raise any question for decision by this court, do not show cause for reversal.
Judgment affirmed.