Moore v. Ensign-Oscamp Co.
Cases that cite this one
5 later published cases cite this decision.
- Kerce v. Bell (Ga. 1951)
- Broughton v. Humble Oil & Refining Co. (Tex. App. 1937)
- McNeill v. Daniel (Ga. 1932)
- Clements v. Texas Co. (Tex. App. 1925)
- Price v. Gross (Ga. 1918)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.