Brasher v. Tanner

While I concur in the judgment reached in this opinion, I write to disagree with that part of Division 2 which holds that a deed containing a description by adjoining landowners is presumptively valid and shifts the burden of going forth with the evidence to the party attacking the deed.

As I read the cases, it has long been the rule that a description by adjoining landowners provides a key which opens the door to extrinsic evidence of the location of the property which must be furnished by the propounder to prove that the deed is valid. Fulcher v. Eighth Street Land Co., 237 Ga. 239 (222 SE2d…