As used in this title in referring to property, the term "title" signifies the means whereby a person's right to property is established.
(Orig. Code 1863, § 2320; Code 1868, § 2317; Code 1873, § 2348; Code 1882, § 2348; Civil Code 1895, § 3208; Civil Code 1910, § 3796; Code 1933, § 85-102.)
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
"Title" means provable right to own.
- For practical purposes, the word "title" means the provable right to own particular property, and in its broader sense includes the proof by which that right may be established. National Fire Ins. Co. v. King, 49 Ga. App. 457, 176 S.E. 64 (1934).
Definition of "color of title".
- Color of title may be defined as being a writing, upon the writing's face professing to pass title, but which does not do it, either from want of title in the person making the writing, or from the defective conveyance that is used - a title that is imperfect, but not so obviously that it would be apparent to one not skilled in law. Beverly v. Burke, 9 Ga. 44, 54 Am. Dec. 351 (1851).
One in possession of property and entitled to the legal title has sole and unconditional ownership as well as title in fee simple. National Fire Ins. Co. v. King, 49 Ga. App. 457, 176 S.E. 64 (1934).
Effect of parol evidence of payment.
- When a plaintiff in ejectment shows by parol that the plaintiff bought and paid for the land in full and received the property under the plaintiff's possession, the plaintiff is clothed with such a perfect equity as would amount to legal title. National Fire Ins. Co. v. King, 49 Ga. App. 457, 176 S.E. 64 (1934).
Bank deposits intended to be treated as cash.
- When money, or drafts and checks deposited with the intention they be treated as cash, is placed in a bank on general deposit, title passes immediately to the bank. Foster v. People's Bank, 42 Ga. App. 102, 155 S.E. 62 (1930).
Title by capture during war can only be set up by the organized and recognized parties to the war, or by those claiming and acquiring title from the organized and recognized parties. Worthy v. Kinamon, 44 Ga. 297 (1871); Huff v. Odom, 49 Ga. 395 (1873).
Cited in Tucker Fed. Sav. & Loan Ass'n v. Alford, 169 Ga. App. 38, 311 S.E.2d 229 (1983).