Legal Opinion

Wiggins v. James

Court of Appeals of Georgia

Decided March 7, 1923No. 14110Published

Processioning; from Jefferson superior court — Judge Hardeman. October 6, 1922.

1Opinion of the Court

Broyles, G. J.

1. Any actual possession of land, under a claim of right, for more than seven years, shall be respected by processioners, and the lines so marked as not to interfere with such possession. Civil Code (1910), § 3822; Christian v. Weaver, 79 Ga. 406 (2) (7 S. E. 261); Johnson v. Reeves, 133 Ga. 822 (66 S. E. 1081); Heath v. Clark, 141 Ga. 65 (2) (80 S. E. 288).

2. Under the foregoing ruling and the facts of the instant case, it was not error, for any reason assigned, for the court to instruct the jury as follows: “ Whether there be an established line or an agreed line (I mean or…

2Cases cited3 opinions

  1. Christian v. WeaverSupreme Court of Georgia · 1887
  2. Heath v. ClarkSupreme Court of Georgia · 1913
  3. Johnson v. ReevesSupreme Court of Georgia · 1910

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