Smith v. Smith

Stolz, Judge.

The defendant appeals the denial of his motion for summary judgment in this suit for damages resulting from a shortage of acreage in conveyances from the defendant to plaintiffs predecessors in title.

1. Plaintiffs second amendment filed subsequent to the filing of the notice of appeal is a nullity and is not considered in this decision. D. P. v. State of Ga., 129 Ga. App. 680 (1) (200 SE2d 499) and citations therein.

2. From the descriptions of land contained in the deeds in the record, this court is unable to determine as a matter of law whether the 98.43 acres described in the…