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Georgia Vitrified Brick & Clay Co. v. Georgia Railroad & Banking Co.

Georgia Vitrified Brick and Clay Company v. Georgia Railroad and Banking Company

Ga. Vitrified Brick & Clay Co. v. Ga. R.R. & Banking Co., 98 S.E. 77 (Ga. 1919)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
January 14, 1919
Docket
No. 1006
Judges
Hill
Citations
98 S.E. 77148 Ga. 6501919 Ga. LEXIS 9
Summary
Equitable petition. Before Judge Black (of the city court). Richmond superior court. May 16, 1918.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hill

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Hill, J.

A plaintiff must recover on the strength of his own title, not on the weakness of the title of his adversary. Powell on Actions for Land, § 130, and citations. Where a deed excepts from its provisions certain land as conveyed in a specified deed recited to have been formerly executed by the grantor to' another person, the grantee does not thereby acquire the .land so excepted; and in a suit by such grantee against such other person, to cancel the former deed and have the title to the land conveyed thereby decreed to be in the plaintiff, where the petition with the exhibits made a part thereof showed upon its face the existence of facts as indicated above, the ease was properly dismissed upon general demurrer.

(a) It would not affect the case even if the former deed had not been delivered, or if the witnesses thereto were incompetent, or if it was not upon a valuable consideration, or if the plaintiff exercised adverse possession for 15 or 16 years, or if the grantee in the senior deed (a corporation) did not have charter power to own land.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1944: 11951: 11952: 11954: 11957: 11958: 12015: 119442026peak 1944 · 1

Relies on it most ⓘ

  1. Pich v. Lankford302 S.W.2d 645 (Tex. 1957)
  2. Oldham v. Fortner74 So. 2d 824 (Miss. 1954)
  3. Wilson v. Gerard56 So. 2d 471 (Miss. 1952)
  4. Williams v. Thomas County65 S.E.2d 412 (Ga. 1951)
  5. Mendenhall v. Holtzclaw31 S.E.2d 171 (Ga. 1944)
  6. Bounds v. Ohio Oil Co.106 So. 2d 67 (Miss. 1958)

Most recent

  1. Enbridge Pipelines (East Texas) L.P. v. Saratoga Timber Co., Ltd., Batson Corridor, L.P., and Timbervest Partners Texas, L.P.No. 13-14-00381-CV (Tex. App.—Edinburg-Corpus Christi Jan. 15, 2015)
  2. Bounds v. Ohio Oil Co.106 So. 2d 67 (Miss. 1958)
  3. Pich v. Lankford302 S.W.2d 645 (Tex. 1957)
  4. Oldham v. Fortner74 So. 2d 824 (Miss. 1954)
  5. Wilson v. Gerard56 So. 2d 471 (Miss. 1952)
  6. Williams v. Thomas County65 S.E.2d 412 (Ga. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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