Legal Opinion

Elkins v. Merritt

Court of Appeals of Georgia

Decided August 3, 1917No. 8730PublishedCited by 3 opinions

Processioning; from Grady superior court—Judge Cox. October 5, 1916.

1Opinion of the Court

Broyles, B. J.

1. Eixing new lines is not within the power of processioners. Their vocation is to seek and find lines already existing, and to run and mark them again. Amos v. Parker, 88 Ga. 754 (16 S. E. 200); Wheeler v. Thomas, 139 Ga. 598 (77 S. E. 817); Civil Code (1910), § 3818 et se<p There was some evidence in this case, however, that the line established by the proeessioners was an old line already existing.

2. A parol agreement between two adjoining landowners that a certain *738road should be the dividing line between them is valid and binding as between them, if the agreement is…

2Cases cited4 opinions

  1. Farr v. WoolfolkSupreme Court of Georgia · 1903
  2. Amos v. ParkerSupreme Court of Georgia · 1892
  3. Wheeler v. ThomasSupreme Court of Georgia · 1913
  4. Cleveland v. TreadwellSupreme Court of Georgia · 1882

3Cited by3 opinions

  1. Smith v. ClemonsCourt of Appeals of Georgia · 1944
  2. Pearre v. WilkinsonSupreme Court of Georgia · 1936
  3. Mattox v. DeLoachCourt of Appeals of Georgia · 1924

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