131 Ga. 433 | Ga. | 1908
This was a suit for the recovery of land, the cancellation of deeds, etc. The plaintiff obtained a verdict. A motion for a new trial was overruled, and the defendant excepted.
It was urged that because of long lapse of timé a presumption would arise in favor of the regularity of the administrator’s sale. Some authorities contain general statements to this effect. 1 Gr. Ev. (16th ed.) §20. Without entering into a discussion of the general subject, one or two remarks may be made in regard to it. Mr. Greenleaf says: “The rule itself is nothing more than the principle of the statutes of limitation, expressed in a different form, and applied to other subjects.” In this State the statute of limitations has been abolished with respect to suits for land, and prescription has taken its place. In Osborne v. Tunis, 25 N. J. L. 633, it is said in the opinion (on page 663) that in every case cited by Mr. Greenleaf in support of the position, it will be found that possession accompanied and followed the deed. As already stated, no possession was here shown, but the plaintiff was seeking to assert or to set up the administrator’s deed as a muniment under which he claimed a perfect legal title, and on its face it indicated, not that it was made under .a public sale in pursuance of
Judgment reversed.