Williams v. Screven Wood Co. Inc.

The defendants knew that the plaintiff's claimed entire 89-acre tract of land adversely to their interest since at least 1966, when their predecessor-in-interest visited a lawyer to discuss options for restoring her rights to the land in question.

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Screven Wood Company filed an action to quiet title to establish their ownership interest in the timber on an 89-acre tract of land located in Jenkins County, Georgia. The other plaintiffs, who sold the timber to Screven Wood, are the descendants of Jack Johnson and claim ownership in the entire 89-acre tract. Defendants, who are the descendants of Emma Johnson Jackson, Jack Johnson’s sister, claim a one-half undivided interest in 56 of the 89 acres. The matter was assigned to a special master who found in favor of plaintiffs, awarding Screven Wood ownership in the timber on the entire 89 acre tract free and clear of defendants’ claims, and awarding the remaining plaintiffs exclusive ownership in the underlying fee. The trial court adopted the findings and rulings of the special master and ordered that judgment be entered in favor of plaintiffs. Defendants appealed. Franklin Johnson purchased the land in question in 1876, and when he died, he left it to his children and sole heirs, Jack Johnson, Ben Johnson, and Emma Johnson Jackson. In 1918, Jack Johnson purchased 33 acres adjacent to the 56-acre tract. Ben Johnson died in 1936, leaving no heirs. Jack Johnson died in 1961, and Emma Jackson died intestate in 1966.

Jack Johnson claimed ownership in the entire 89 acres from 1918 forward and, in 1954, conveyed it to his children for life and the remainder to their children in fee simple. During the period from 1918 until the present, Jack Johnson and his descendants paid the property taxes for the land, farmed the land, and leased portions of it, for which they collected rent.

Williams v. Screven Wood Co. Inc.

The defendants knew that the plaintiff's claimed entire 89-acre tract of land adversely to their interest since at least 1966, when their predecessor-in-interest visited a lawyer to discuss options for restoring her rights to the land in question.

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