Bank of Cumming v. Chapman

Undercofler, Presiding Justice.

This certiorari 1 was granted to review the Court of Appeals reliance upon Yancey Bros. Co. v. Dehco, Inc., 108 Ga. App. 875, 877 (2) (b) (134 SE2d 828) (1964), cert. den., which states, "The question of the sufficiency of the description in a recorded instrument to impart constructive notice is for the jury except in clear cases.” We conclude that the statement is not incorrect but may be subject to misinterpretation because it does not clearly delineate between the sufficiency of the description and the identity of the property. In our opinion the distinction…