Legal Opinion · Dissent

Fortson v. Caudell

Court of Appeals of Georgia

Decided September 27, 1946No. 31341Published

1DissentFelton, J.

The evidence shows without dispute that in ascertaining the line in this case the processioners laid out a line described in a deed and plat attached. They did not lay out a line from physical marks on the face of the earth and mark anew an old line once physically established. The surveyor testified: “I ran the line according to this plat which has been introduced in evidence made by Mr. Stone in 1919 and the deed accompanying the plat; I followed the deed that was submitted to me that day.” Both parties agreed on one corner which had been marked and in the past the line described in the…

2Cases cited4 opinions

  1. Cosby v. ReidCourt of Appeals of Georgia · 1918
  2. Smith v. ClemonsCourt of Appeals of Georgia · 1944
  3. Travelers Protective Ass'n v. BeloteCourt of Appeals of Georgia · 1918
  4. Booker v. BookerCourt of Appeals of Georgia · 1930

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