Elder v. Merritt

Johnson, Judge.

Appellant, Charles Elder (Elder), filed an application for a processioning proceeding in the probate court, pursuant to OCGA § 44-4-1 et seq., to determine the boundary line of his property which abutted that of appellee, Quincey Merritt (Merritt). Merritt filed a protest to the return of the processioners, which marked the boundary in a manner which would exclude property upon which he had erected a fence and kept livestock over the years. The matter was *164transferred to the superior court, where evidence was presented to a jury. Following the close of Elder’s case, Merritt made…