From Casetext: Smarter Legal Research

Foster v. Thomas

Supreme Court of Georgia
Apr 23, 1942
20 S.E.2d 80 (Ga. 1942)

Opinion

14074.

APRIL 23, 1942.

Complaint for land. Before Judge Candler. Union superior court. December 8, 1941.

Joseph G. Collins, for plaintiff.

Haralson Carr and Jack G. Tarpley, for defendant.


1. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line; and where a line has been so established as between coterminous owners, it will be binding upon their respective grantees. Code, § 85-1602; Osteen v. Wynn, 131 Ga. 209 (4) ( 62 S.E. 37, 127 Am. St. R. 212).

2. The evidence in this case demanded a finding that the line claimed by the defendant had been established by such acquiescence as between him and a coterminous owner under whom the plaintiff held; and such being the case, the court did not err in directing the verdict in favor of the defendant. Compare Brown v. Hester, 169 Ga. 410 ( 150 S.E. 556); Sikes v. Mutual Benefit Life Insurance Co., 182 Ga. 858 ( 187 S.E. 61).

Judgment affirmed. All the Justices concur.

No. 14074. APRIL 23, 1942.


Summaries of

Foster v. Thomas

Supreme Court of Georgia
Apr 23, 1942
20 S.E.2d 80 (Ga. 1942)
Case details for

Foster v. Thomas

Case Details

Full title:FOSTER v. THOMAS

Court:Supreme Court of Georgia

Date published: Apr 23, 1942

Citations

20 S.E.2d 80 (Ga. 1942)
20 S.E.2d 80

Citing Cases

Rose City Foods v. Bank of Thomas Co.

In the instant case, the evidence shows without any dispute that the plaintiff converted the pledged property…

McGill v. Dowman

3. Under the last preceding rules, and uncontradicted evidence as to acquiescence for more than seven years…