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Moore v. Ensign-Oscamp Co.
62 S.E. 229
Ga.
1908
Check Treatment
Atkinson, J.

1. Where a claimant of land, who has a deed thereto, but does not show title in his grantor, conveys the sawmill timber to A for a period of twelve years, and afterwards conveys to B the laud, with all appurtenances “except the pine trees growing thereon for sawmill and turpentine purposes heretofore deeded away to [A] for a term of twelve years from the date of said deed,” and B enters into possession of the land under his deed in good faith, and remains in exclusive possession for more than seven years, the possession of B is not adverse to A, but is for the benefit of both during the continuance of the timber lease; and in an action of trespass by one who shows title from the State, the defendant may set up such possession of B as establishing prescription in A.

2. Under the pleadings there was no error in admitting the several deeds' over objection urged thereto.

3. Prescription, which necessarily involves good faith, is a mixed question of law and fact; and it was error, under the facts of this case, to direct a verdict in favor of the defendant.

Judgment reversed.

All the Justices concur.

Case Details

Case Name: Moore v. Ensign-Oscamp Co.
Court Name: Supreme Court of Georgia
Date Published: Aug 19, 1908
Citation: 62 S.E. 229
Court Abbreviation: Ga.
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