Georgia Reports Volume 109

Georgia Reports Volume 109

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...for it does not affirmatively appear that any of the lots of which Monroe took actual possession under his deed from Stiger adjoined either of these two lots, so as to place Monroe in the position of one who, claiming under a registered deed covering one entire tract or body of land, entered into actual possession of a part thereof and thus acquired constructive possession of the remainder. But even if Monroe had constructive possession, it would seem clear that, as the same began prior to Rozier's entry, and as it did not appear that the latter was more than a mere trespasser, it could not be said that Stiger's covenant of warranty was broken by his failure or refusal to oust Rozier; for if he was a mere intruder, Monroe could and ought to have evicted him, instead of yielding to his tortious entry, and suffering him to remain in possession. This remedy was open to Monroe irrespective of the question whether Stiger did or did not comply with the request made of him to furnish the chain of title under which he held the premises, for the reason that, as against a mere wrongdoer, Monroe could recover by simply showing his prior possession under a claim of right. In this view of the case, therefore, it is manifest that the plaintiff signally failed to show that there had been any breach of Stiger's general warranty of title, upon the theory that he (Monroe) yielded posession because of a paramount outstanding title in Rozier and could accordingly claim to have properly submitted to the eviction. We have said this much respecting the question of constructive possession on the part of Monroe, for the purpose of showing that, even upon this view of the case, he fell far short of establishing a right to recover. Butthe case more

Product details

  • Paperback | 356 pages
  • 189 x 246 x 19mm | 635g
  • United States
  • English
  • black & white illustrations
  • 1236838017
  • 9781236838018