119 Ga. 930 | Ga. | 1904
This was a case of processioning. Riddle, the applicant, being dissatisfied with the return of the processioners, filed a
It is not necessary, under our view of the case, to discuss the question as to what would be the effect of a possession under a claim of right, but under a mistake of fact as to the location of the true line. -Whether such possession would be adverse possession is a question upon which there is a decided difference of opinion among courts of respectable standing. See Buswell on Limitations and Adverse Possession, § 250; Preble v. Central R. Co., 85 Me. 260, 21 L. R. A. 829, and notes; Tiffany’s Mod. Law of Real Prop. §443, p. 1014. Our own decisions do not seem to be in accord with each other on this question. There are decisions which appear to hold that possession under a mistake of
We find no reason for reversing the judgment.
Judgment affirmed.