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FINNEY, Administrator, et al. v. GREEN et al.
DUCKWORTH, Chief Justice.
Injunction. Before Judge Crow. Mitchell Superior Court. May 13, 1954.
1. In all actions respecting title to lands a prima facie case shall be made upon showing good record title for a period of forty years. Ga. L. 1953, Jan.-Feb. Sess., p. 63.
2. The defendant in error, J. R. Miller, Inc., proved title by possession under color of title for more than seven years and also by a chain of deeds beginning in 1891 and 1882 and extending to the present, and while the evidence submitted by the plaintiffs in error, considering it most strongly in their favor, might have shown prescriptive title to the land in question by possession for more than 20 years, thereby creating an issue of fact, the court, which was passing on both the law and the facts by consent of all parties, had ample evidence to support the finding in favor of Miller.
3. While the plaintiffs in error amended their motion for new trial by adding one special ground containing 19 different subdivisions complaining of the allowance in evidence of the various deeds in the chain of title submitted by Miller, and alleging that they were improperly allowed in evidence over objection, we have examined each and every deed and find no reason why it should have been excluded, nor does counsel in his brief cite any authority in support of his position; and since a prima facie case was made showing title in Miller, the court did not in returning the verdict in his favor, nor in overruling the motion for new trial as amended, since it is totally without merit.
W. S. Green and Southern Wood Preserving Company filed a petition in the Superior Court of Mitchell County, alleging that they purchased from certain claimants the timber growing on certain land in Mitchell County, in good faith, believing the sellers to be the owners thereof; that they later learned that J. R. Miller, Inc., and James A. Finney, administrator of the Finney estate, each claimed title to the property from which the timber was cut; and that they now tender the purchase money into court and by interpleader ask the court to determine to whom the money should be paid. The defendants filed their respective claims to the money, and on the trial before the judge, passing upon all questions of law and fact by consent of the parties, he found for the defendant, J. R. Miller, Inc., one of the defendants in error. The other defendants, who are the administrator of the Nathan Finney estate and his heirs, filed a motion for new trial, which was later amended and, after a hearing, denied. As plaintiffs in error they are here excepting to this judgment.
Frank S. Twitty, contra.
E. L. Smith, for plaintiffs in error.
Saturday May 23 03:34 EDT

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