43 Ga. 282 | Ga. | 1871
This case comes before the Court from the Superior Court of Lee county upon an action of ejectment brought by Minish against the plaintiffs in error, and upon grounds of error alleged in the judgment of the Court below refusing a new trial. After the plaintiff had closed his case, showing title to himself from the State, and proved the defendants in possession of the land in controversy, the defendants introduced their testimony, and Laramore, one of the defendants, who testified that he had a deed to the lot of land in dispute from James Laramore, dated in the year 1845, that the witnesses to the same were all dead, the deed was lost, and that he thought he burned it up during the war among a great many papers, etc.; that he gave a horse worth $75 00 for the lot, and had gone into possession in 1845, his father having it in cultiva
First as to the merits of this case. To have authorized the defendant to recover upon his assertion of the statutory title it was necessary to show that he held the land adversely under color of title and claim of right for more than seven years before the commencement of the suit, and, to make out
Judgment affirmed.