Crawford v. Simpson

Summary

The Georgia Supreme Court affirmed a trial court judgment quieting title to a disputed 1.32-acre tract in favor of the appellee. The court held that the evidence supported adverse possession under both the twenty-year statutory period and the seven-year period under color of title, including public, continuous, exclusive, uninterrupted, and peaceable possession accompanied by a claim of right.

Holdings

1. The evidence authorized the trial court to find that the appellee's predecessors maintained public, exclusive, and continuous possession of the disputed tract and thereby satisfied the requirements for adverse possession.
2. The evidence authorized the finding that Daughtry's hostile possession was undertaken in good faith and accompanied by a claim of right.
3. Remand was not required because the special master's report contained more than sufficient findings of fact.

Questions Presented

1. Whether the evidence established the public, exclusive, continuous, uninterrupted, peaceable, and hostile possession required to acquire title by adverse possession.
2. Whether the evidence supported a finding that the predecessor's possession was accompanied by a good-faith claim of right.
3. Whether the special master's report contained sufficient findings of fact to support the quiet-title judgment.

Disposition

affirmed