Archer v. Newkirk

Shulman, Chief Judge.

Appellant sought a declaratory judgment that he held fee simple title to certain real property in Cherokee County upon which appellee was building a house. In his answer, appellee constructed the chain of title under which he claimed the disputed land and counterclaimed, pursuant to OCGA § 44-11-9 (Code Ann. § 33-107), for the value of the improvements he had erected upon the land should appellant be awarded title to the land. The trial court, sitting also as the finder of fact, conducted a hearing on the issues presented, found that both parties had acted in good faith,…