Beckham v. Maples

• Decision Date: 15 April 1895
• Citation: 22 S.E. 894,95 Ga. 773
• Parties: BECKHAM et al. v. MAPLES.
• Court: Georgia Supreme Court

22 S.E. 894

95 Ga. 773

BECKHAM et al.

v.MAPLES.

Supreme Court of Georgia.

April 15, 1895.

Ejectment—Title to Maintain.

A son who enters into possession of land as a tenant of his father thereby admits the title of the latter; and where, subsequently to the father's death, he remains in possession in subordination to a claim of title upon the part of his mother, and occupies the premises by her permission, he thereby admits title in her. If the mother thereafter make a will devising to the son a life estate, with remainder over to his children, the remainder-men, at the termination of the life estate, may, upon the devise of their grandmother, supported by the presumption of title resulting from her possession by her son, who became at her death the life tenant, recover in ejectment their respective undivided interests against any person holding adversely to them the premises so devised.

(Syllabus by the Court.)

Error from superior court, Pike county; J. J. Hunt, Judge.

Action by C. R. Beckham and others against S. M. Maples. Judgment for defendant, and plaintiffs bring error. Brought forward from the last term. Code, §§ 4271a-4271c. Reversed.

J. S. Pope and J. M. Terrell, for plaintiffs in error.

E. P. Dupree and J. P. Redding, for defendant in error.

ATKINSON, J. The plaintiff in this case brought ejectment against the defendant. No paper title was exhibited, save only the will of their grandmother, the second item of which devised as follows: "I give and bequeath to my son, William C. Beckham, for and during his life, and after his death to go to, and be equally divided among, all of his children, born and to be born, share and share alike, the lot of land whereon my said son now resides, believed to be number255, in the 8th district of said county." These were the premises in dispute. William C. Beckham was the father of these plaintiffs, and, during his lifetime, surrendered the possession of the property in dispute to the defendant in this case. It appears from the record that the father of William C. Beckman was in possession of said property, had been in possession thereof for a great many years, and that William C. Beckham, his son, went in as a tenant of his father; that his father died while he was in possession, and thereafter he continued in possession as the tenant of his mother, who, by her will, as above stated, had devised to him a life estate, with remainder over to these plaintiffs. After the death of William C. Beckham, these plaintiffs,...