Watt v. Ganahl
Supreme Court of Georgia
Abtion for Eeal Estate. In Effingham Superior Court. Tried before Judge Fleming. April Term, 1861. The error assigned in this case is on the charge of the court, which was as follows: — “ That, while it was true, as contended by the‘plaintiff, that in a contest between the owners of adjoining lands, in relation to a question of boundary, nothing but actual possession of the part of the premises in dispute would bar the right of the plaintiff to recover all the premises…
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Abtion for Eeal Estate. In Effingham Superior Court. Tried before Judge Fleming. April Term, 1861. The error assigned in this case is on the charge of the court, which was as follows: — “ That, while it was true, as contended by the‘plaintiff, that in a contest between the owners of adjoining lands, in relation to a question of boundary, nothing but actual possession of the part of the premises in dispute would bar the right of the plaintiff to recover all the premises covered by his grant, still, if the jury found that, on the east of the bay, there was a plain line marked out, which had…
1Opinion of the CourtLupmpkin, C. J.
Was the charge of the Court erroneous % The case referred to, in 16 Ga. R., of Riley, admmistratvix, &c., vs. Griffin, et. al.,p. 141, is quoted as controlling this case. We do not think that case strictly applicable. There, the party went into possession of lot No. 3, under the belief that it was lot No. 2. We held that his possession, under such a mistake, could not ripen into a statutory title. He never intended to claim title to lot No. 3, and never did.
In this case, owing to the obstruction in running out the line of Mr. Mclnfuss’ survey, the true line was probably not *297run. Though there…
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