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PROCTOR v. HEIRS OF JERNIGAN

No. S00A1459.

538 S.E.2d 36 (2000)

273 Ga. 29

PROCTOR et al. v. HEIRS OF Susie JERNIGAN et al.

Supreme Court of Georgia.

October 23, 2000.

Attorney(s) appearing for the Case

John W. Rhyne, Jr., Lafayette, for appellant.

Larry B. Hill, Lafayette, for appellee.

FLETCHER, Presiding Justice.

Paul and Jo Proctor brought this quiet title action based on a claim of adverse possession under color of title. This Court granted the discretionary application to address whether actual notice of an adverse possession claim is necessary when there is no evidence of permissive possession. Applying the plain meaning of the statutory language in OCGA § 44-5-161, we hold that the requirement of actual notice applies only to adverse...

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