Crawford v. Crawford

• Court: Georgia Supreme Court
• Writing for the Court: ATKINSON, J.
• Citation: Crawford v. Crawford, 143 Ga. 310, 85 S.E. 192 (Ga. 1915)
• Decision Date: 14 April 1915
• Docket Number: 274.
• Parties: CRAWFORD v. CRAWFORD ET AL.

85 S.E. 192

143 Ga. 310

CRAWFORD v. CRAWFORD ET AL.

No. 274.

Supreme Court of Georgia

April 14, 1915

Syllabus by the Court.

Equity will not, at the instance of one in possession of land afford affirmative relief, such as the cancellation of deeds as clouds upon title, or the grant of an injunction against interference with his possession, where it appears that he has no title and his only relation to the property is possession acquired under such circumstances as that no prescription could be based thereon.

Error from Superior Court, Fannin County; H. L. Patterson, Judge.

Action by J. M. Crawford against W. G. Crawford and others. Judgment for defendants, and plaintiff brings error. Affirmed.

J. M Crawford instituted an action against W. G. Crawford, to cancel certain deeds as clouds upon title, and to enjoin the removal of timber and otherwise interfering with his occupancy of the land. After several amendments the petition was dismissed on demurrer, and the plaintiff excepted. One of the deeds was a sheriff's deed to J. E. Crawford executed in 1895, in pursuance of a sale of the land as the property of plaintiff. The other was a deed executed in 1912, from J E. Crawford to his son, W. G. Crawford, the defendant. The sheriff's deed was attacked upon the ground that the levy was excessive. Other allegations were: That at the time of the sheriff's sale J. E. Crawford stated to the plaintiff that he would bid off the land for him, and would convey the property to him at the proper time, upon being reimbursed that on several occasions thereafter J. E. Crawford recognized plaintiff's right to the property by purchasing timber from him, and on one occasion by purchasing a right of way for the purpose of hauling logs across the land; that a few months after the sheriff's sale certain relatives tendered to J. E. Crawford, for plaintiff, the full amount paid to the sheriff, and the tender was refused; that subsequently, in April, 1912, J. E. Crawford executed a deed to W. G. Crawford, his son, for a named consideration, and thereafter the son entered upon the land, took away certain fruit, and cut and removed therefrom timber, and has continued in like manner to interfere with plaintiff's possession; and that in May, 1914, J. E. Crawford having died, another tender was made to his administrator, and one was also made to W. G. Crawford, both of which were refused. The administrator, by amendment, was made a party to the suit. Plaintiff first entered possession in 1861, and remained in possession continuously and was in possession at the time of the institution of the suit. One of the grounds of demurrer complained that plaintiff failed to set out an abstract of title. To meet this attack an amendment was filed, which contained the following:

"When he [plaintiff] went upon said land, he had no title from any one, but said land was unoccupied, and he knew of no owner or claimant to said land, and went into possession of the same in good...