Shiver v. Hill
Supreme Court of Georgia
Complaint for land. Before Judge Thomas. Brooks superior court. May 16, 1918. H. I. and A. E. Hill sued Shiver in ejectment for a narrow strip of land running along the boundary line between two lots of land.
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Complaint for land. Before Judge Thomas. Brooks superior court. May 16, 1918. H. I. and A. E. Hill sued Shiver in ejectment for a narrow strip of land running along the boundary line between two lots of land. One of Shiver’s defenses was, that both of the lots had formerly been owned by one Walker, who was the common grantor of plaintiff and defendant; that Shiver purchased lot No. 271 prior to the purchase by plaintiff of lot 236; that at the time of the purchase by Shiver he and Walker entered into a parol agreement as to the true line, which was indefinite and not settled; and that a…
1Opinion of the CourtGilbert, J.
It is insisted that the vice contained in the instruction of the court is in the employment of the conjunctive “and” instead of the disjunctive “or,” so as to make the rule of agreed boundaries apply only when the line is not only unascertained and uncertain, but also disputed; whereas the rule should have been made applicable where the line is uncertain, or unascertained, or disputed. In many adjudicated cases, as well as in the text-books and encyclopedias the words “uncertain,” “unascertained,” and “disputed” are treated as practically synonymous. These words are often used apparently on…
2Cases cited2 opinions
- Osteen v. WynnSupreme Court of Georgia · 1908
- Miller v. McGlaunSupreme Court of Georgia · 1879
3Cited by9 opinions
- Tietjen v. DobsonSupreme Court of Georgia · 1930
- Veal v. BarberSupreme Court of Georgia · 1944
- Barfield v. BirrickSupreme Court of Georgia · 1921
- Hart v. CarterSupreme Court of Georgia · 1920
- Payne v. GreenCourt of Appeals of Georgia · 1951
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