Cosby v. Reid
Court of Appeals of Georgia
Protest to proeessioners’ return; from Lincoln superior court— Judge Walker. September 13, 1916. There was a trial of an issue made by a protest to the return of proeessioners. The jury found in favor of the return. The case is here on exceptions to the refusal to grant a new trial.
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Protest to proeessioners’ return; from Lincoln superior court— Judge Walker. September 13, 1916. There was a trial of an issue made by a protest to the return of proeessioners. The jury found in favor of the return. The case is here on exceptions to the refusal to grant a new trial. It appears that both parties to the litigation derived their title from the same original source, the adjoining tracts being lots formed in a prior subdivision of an estate, made in 1886, the proeessioners and surveyor testifying to their access to and use of' the plat made in that division. The plaintiff in error…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
1. Under the rule as expressed in the first headnote, the processioners, in the absence of higher and controlling evidence accepted by them to the contrary, were authorized to run, mark, and establish the. disputed line, when such, could be done, by means of courses and distances in accordance with the plat, projected from actual physical landmarks. We think the charge of the court relative to the want of authority on the part of processioners to establish new lines, but limiting their power.to the establishment and marking of lines already existing, was…
2Cases cited1 opinion
- Williams v. GiddensSupreme Court of Georgia · 1909
3Cited by21 opinions
- Smith v. ClemonsCourt of Appeals of Georgia · 1944
- Atlanta & West Point Railroad v. MillerCourt of Appeals of Georgia · 1919
- Poland v. Osborne Lumber Co.Court of Appeals of Georgia · 1925
- Hall v. BrowningCourt of Appeals of Georgia · 1944
- Smith v. BrinsonCourt of Appeals of Georgia · 1931
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