Fendley v. Weaver

Jordan, Presiding Judge.

1. Where the controlling issue, as limited by stipulation and as acutally litigated in the lower court, is the correct location of a boundary line between adjacent tracts of land, and the verdict and judgment in effect do nothing more than establish the boundary line and award damages to the successful litigants, an appeal from the judgment comes within the jurisdiction of the Court of Appeals. 'Code Ann. §§ 2-3704, 3-3708; Whaley v. Ellis, 209 Ga. 147 (71 SE2d 209); Lively v. Thompson, 209 Ga. 425 (73 SE2d 90).

2. The plat prepared by the county surveyor, which he…