Brand v. Garner

Hall, Judge.

The protestant in this land processioning case appeals from a judgment, upon a directed verdict for the applicant, making the return of the processioners the judgment of the court.

There has been and remains confusion in the court decisions on the issue whether a boundary line must be in dispute or unascertained before it can be established by acquiescence under Code § 85-1602. See Gee v. McDowell, 209 Ga. 265 (71 SE2d 532); Williamson v. Prather, 188 Ga. 545 (4 SE2d 140); Yarbrough v. Stuckey, 39 Ga. App. 265 (147 SE 160); Swinson v. Jones, 66 Ga. App. 598 (18 SE2d 646). However,…