Smith v. Clay

Undercofler, Presiding Justice.

W. L. Kilgore originally platted a subdivision in Gwinnett County in 1957. Defendant Clay purchased three lots in the subdivision in 1964 that had originally been sold to his predecessors in title in 1957, with reference to this subdivision plat. In 1958 Kilgore sold most of the acreage to plaintiff Smith’s predecessor in title in a deed making reference to the subdivision plat as revised and recorded. The southeast corner of Clay’s property borders on a road which is shown on the subdivision plats, but which was not sold as part of the bulk of the property now…