Hogg v. Gammon
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Polk superior court. November 22, 1905. This ease arose upon an .equitable petition filed by Mary A. Gammon against Hogg, for the recovery of certain lands and tbe establishment of a dividing line between the premises of plaintiff and defendant. The premises in dispute are part of lot No. 452 in the 21st district of Polk county, which lot was originally owned by one Moultrie, from whom both plaintiff and defendant derive title.
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Equitable petition. Before Judge Wright. Polk superior court. November 22, 1905. This ease arose upon an .equitable petition filed by Mary A. Gammon against Hogg, for the recovery of certain lands and tbe establishment of a dividing line between the premises of plaintiff and defendant. The premises in dispute are part of lot No. 452 in the 21st district of Polk county, which lot was originally owned by one Moultrie, from whom both plaintiff and defendant derive title. The deed under which plaintiff claims describes the lands contended for by her as follows: “So much of lot of land No. 452 . .…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. In this action, the same being equitable in its character, “to recover land and establish a dividing land line,” the plaintiff insisted upon a certain line, and the defendant upon another, as the true dividing line between them. Hnder the evidence the jury would have been authorized to find that neither line was the true dividing line, but that for a part of the distance the one insisted upon by the plaintiff, and for the remainder of the distance the one insisted *298upon by the defendant, was, under the law and the evidence, the true dividing line. Consequently it…
2Cases cited2 opinions
- Bowden v. BowdenSupreme Court of Georgia · 1906
- Shearouse & Co. v. MorganSupreme Court of Georgia · 1900
3Cited by2 opinions
- Alexander v. ThompsonSupreme Court of Georgia · 1907
- Henderson v. FloodSupreme Court of Georgia · 1965