In making out a prescriptive title, an innocent purchaser may not tack to the time period of his own possession the time of possession of a grantor whose possession originated through fraud against the true owner.
History. Civil Code 1895, § 3596; Civil Code 1910, § 4176; Code 1933, § 85-415.
History of Code section.
This Code section is derived from the decision in Farrow v. Bullock, 63 Ga. 360 (1879).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-160. Nature of Title by Prescription
§ 44-5-161. Adverse Possession; Effect of Permissive Possession
§ 44-5-162. Effect of Fraud on Prescription
§ 44-5-163. When Adverse Possession for 20 Years Confers Title
§ 44-5-164. When Adverse Possession for Seven Years Confers Title
§ 44-5-165. How Actual Possession of Lands Evidenced
§ 44-5-167. Extent of Constructive Possession Under Deed; Judicial Notice
§ 44-5-168. Adverse Possession of Mineral Rights Under Certain Conditions; Procedure to Obtain Title
§ 44-5-169. Possession of Land as Notice; Presumption From Possession of Husband and Wife
§ 44-5-170. Effect of Disabilities on Commencement of Prescription
§ 44-5-171. Effect of Intervening Disabilities; Tacking
§ 44-5-172. Tacking of Successive Possessions
§ 44-5-173. Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions
§ 44-5-174. Tacking of Prior Possession Originating in Fraud
§ 44-5-175. Prescription Involving Incorporeal Rights
§ 44-5-176. Effect on Prescription of Notice of Instrument Creating a Lien