One person may have the right of possession of certain property and another person may have the right to the property itself. A union of those rights constitutes a perfect title.
(Orig. Code 1863, § 2321; Code 1868, § 2318; Code 1873, § 2349; Code 1882, § 2349; Civil Code 1895, § 3209; Civil Code 1910, § 3797; Code 1933, § 85-103.)
Law reviews.- For article discussing the problems with acquiring good title, see 15 Ga. B.J. 281 (1953). For article advocating the adoption of a marketable title statute in Georgia, see 16 Ga. B.J. 263 (1954).
JUDICIAL DECISIONS
"Perfect title" as used in
§ 53-12-4 to be construed with this section. - Phrase "perfect title," as used in former Code 1933, § 108-112 was to be construed in connection with the definition of a "perfect title" given in former Code 1933, § 85-103 (see O.C.G.A. § 44-1-12), i.e., the union of right of property and right of possession. Sanders v. First Nat'l Bank, 189 Ga. 450, 6 S.E.2d 294 (1939).
Rebuttable presumption of ownership.
- One in possession of personal property is presumed to be the owner until the contrary appears, and the burden of rebutting the presumption is upon the party claiming adversely to the one in possession. Hattaway v. Keefe, 191 Ga. App. 315, 381 S.E.2d 569 (1989).
Possession of a negotiable instrument is presumptive evidence of title, but it is not conclusive. Hattaway v. Keefe, 191 Ga. App. 315, 381 S.E.2d 569 (1989).