Mathews v. Cloud, Exr.
294 Ga. 415
| Ga. | 2014Background
- Dispute over title and possession of land in Land Lot 253, Randolph County, centered on boundary with Lot 254.
- Cloud deed (1956) purported to convey all land in Lot 253, referencing a plat prepared by Mathews (1946) and revised (1953/1954).
- Mathews deed (1934) to Lot 254 is vague with no measured boundaries, referencing an unclear security deed and sketch.
- A pond near the southern portion of Lot 253 is the focal point of ownership between Clouds and Mathews heirs.
- Clouds filed suit in 2010 for declaratory judgment and injunction seeking title to all of Lot 253 or under prescription/adverse possession; trial to a jury.
- Jury verdict favored Clouds; judgment defined boundary using a status print survey tied to the Cloud deed plat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie title under record title established? | Clouds had good record title for 40+ years. | Mathews heirs argue Clouds must trace to government/common grantor. | Yes; Clouds established prima facie record title under OCGA 44-2-22. |
| Sufficiency of Mathews deed to defeat Clouds? | Mathews deed is vague; cannot establish superior title. | Mathews deed could support boundary for title. | Mathews deed insufficient to establish superior title; Clouds could prevail by prescription. |
| Limitations on trial court’s verdict molding after jury findings? | Verdict form location of boundary disputed; molding changes substance. | Molding permitted to do justice under OCGA 9-12-5; not a substantial change. | Court’s boundary molding permissible to align with verdict theory; judgment affirmed. |
| Sufficiency of evidence for prescriptive/adverse possession? | Clouds relied on possession since 1956 and acts like rebuilding dam. | Mathews heirs contest open and notorious possession. | Sufficient evidence to support prescriptive title under OCGA 44-5-164; upheld. |
Key Cases Cited
- Rabun County v. Mountain Creek Estates, LLC, 280 Ga. 855 (Ga. 2006) (directed verdict standards and declaratory judgments in property disputes)
- Ga. Power Co. v. Irvin, 267 Ga. 760 (Ga. 1997) (directed verdict standard applied to land title actions)
- Brooks v. Green, 277 Ga. 722 (Ga. 2004) (common grantor rule distinction in title claims)
- Vandergrift, 239 Ga. 755 (Ga. 1977) (common grantor rule and good record title framework under 40-year title)
- Shippen v. Cloer, 213 Ga. 172 (Ga. 1957) (good record title for 40 years; necessity to prove chain absent)
- Lutrell v. Whitehead, 121 Ga. 699 (Ga. 1905) (vague deed descriptions deemed too indefinite to convey)
- Cheek v. Wainwright, 246 Ga. 171 (Ga. 1980) (possession evidence and notice requirements for open and notorious possession)
- Scott v. Scott, 243 Ga. 472 (Ga. 1979) (appellate review—supporting verdict if any evidence supports)
- Fried v. Fried, 208 Ga. 861 (Ga. 1952) (judgment cannot add to or subtract from jury findings after dispersal)
- Mayo v. Keaton, 78 Ga. 125 (Ga. 1887) (historical rule on verdict molding and boundary determinations)