Dorris v. Dorris , 149 Ga. 170 ( 1919 )

Atkinson, J.

1. Where one died in possession of land under a bona fide claim of right thereto, this was prima facie evidence of title in him; and his heirs or devisees may recover on proof of such possession, unless a better adverse title is shown by the defendant. Wolfe v. Baxter, 86 Ga. 705 (13 S. E. 18).

No. 1173. June 12, 1919.

Complaint for land. Before Judge Bartlett. Paulding superior court. August 7, 1918.

James & Bedgood, for plaintiff. J. B. Hutcheson, for defendant.

2. Tn the trial of an action for the recovery of land, whether brought in common-law form or under the code, whenever it appears either from the pleadings or .the evidence that the parties claim under a common grantor, it is not incumbent upon the plaintiff to show title in such person. Brinkley v. Bell, 126 Ga. 480 (55 S. E. 187); Garbutt Lumber Co. v. Wall, 126 Ga. 172 (54 S. E. 944); Moore v. Daugherty, 146 Ga. 176 (91 S. E. 14).

3. Applying the principle stated in either of the foregoing notes ijo the pleadings and evidence, the plaintiff made out a prima facie case.

4. The plaintiff’s evidence did not demand a finding in favor of the defendant on his plea of prescription. It was erroneous to grant a nonsuit. Judgment reversed.

All the Justices concur.