Not overruled or negatively treated on appealinfoCoverage
Supreme Court of GeorgiaMay 25, 1989
259 Ga. 259 (Ga. 1989)
259 Ga. 259379 S.E.2d 519


DECIDED MAY 25, 1989.

Boundary line dispute. Bartow Superior Court. Before Judge White from Cherokee Circuit.

H. Boyd Pettit III, Thomas P. Bishop, for appellant. Charles Crawford, for appellee.

The parties admit that the plaintiff owns the lands on his side and the defendant owns the lands on her side up to the true and correct dividing line between their adjoining lands. "`The Court of Appeals and not this court has jurisdiction of cases involving the location of disputed land lines.' [Cit.]" Colley v. Dillon, 247 Ga. 4 ( 273 S.E.2d 606) (1981). The judgment appealed from having established the proper location of the boundary line, the injunction against the maintaining of any fence inconsistent with said line is merely ancillary, and does not afford a basis for jurisdiction of this Court. Krystal Co. v. Carter, 256 Ga. 43 (2) ( 343 S.E.2d 490) (1986) and cits. "Because this case is not one `respecting title to land' but involves only the proper location of a boundary line between adjoining property owners, it is transferred to the Court of Appeals." Mays v. Daniels, 254 Ga. 694 ( 335 S.E.2d 297) (1985) and cits.

Transferred to the Court of Appeals. All the Justices concur.

DECIDED MAY 25, 1989.