Legal Opinion

Christian v. Weaver

Supreme Court of Georgia

Decided November 29, 1887PublishedCited by 15 opinions

Processioning. Boundaries. Prescription. Before Judge Wellborn. Lumpkin Superior Court. April Term, 1887 In April, 18S6, five persons gave notice to five others of an intended processioning, to locate and establish the line betiveen original lots 664 and 667 in a certain district and section. The movants, or some of them, were owners of town lots laid out from 664, adjacent to lot 667, Avhich, as the record indicates, remains a rural tract.

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Processioning. Boundaries. Prescription. Before Judge Wellborn. Lumpkin Superior Court. April Term, 1887 In April, 18S6, five persons gave notice to five others of an intended processioning, to locate and establish the line betiveen original lots 664 and 667 in a certain district and section. The movants, or some of them, were owners of town lots laid out from 664, adjacent to lot 667, Avhich, as the record indicates, remains a rural tract. The respondents Avere owners of the rural tract. The processioners, assisted by the county surveyor, ascertained and marked the original line dividing 664…

1Opinion of the Court

Bleckley, Chief Justice,

(after stating the above facts.)

1. The law of processioning (code, §§£384,2393,) applies, we think, to the country, to rural lands where there are boundaries to be traced by landmarks, trees, fences, etc. And it is a misapplication of the law to apply it to towns, either as between town lots, or between those and adjacent rural tracts.

This was an application to define the line between original lots as laid off by the State, numbers 664 and 667, lying side by side. 664 had become a part of the village of Auraria, Lumpkin county, and had a street through it from one side…

2Cited by15 opinions

  1. Veal v. BarberSupreme Court of Georgia · 1944
  2. Bowen v. JacksonSupreme Court of Georgia · 1897
  3. Riddle v. SheppardSupreme Court of Georgia · 1904
  4. Elkins v. MerrittSupreme Court of Georgia · 1917
  5. Boyce v. CookSupreme Court of Georgia · 1913

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