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Wallis v. Porter
290 Ga. 218
Ga.
2011
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Background

  • Dispute over a six-acre rectangular parcel in Land Lot 95, Union County, Georgia, claimed by Porter and the Hunter Heirs.
  • Town Creek lies to the north of the parcel; Porter's undisputed property lies north of Town Creek.
  • Jounida Porter began building a trout pond on the six acres, prompting a challenge from Charles Hunter that his family owned the parcel.
  • Porter filed a declaratory-judgment action to establish ownership; the Hunter Heirs counterclaimed for ownership.
  • A bench trial found Porter had superior title by deed and that Porter and her predecessors had acquired title by adverse possession.
  • The trial court denied the Hunter Heirs' motion for a new trial; on appeal, the court affirmed Porter’s title.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does Porter have superior title by deed to the six acres? Porter relied on the 1941 deed and Stanley Plat linking the parcel to the trust deed. Hunter Heirs contend the land belongs to them based on their surveys and claims. Porter has superior title by deed.
Should the court address whether Porter acquired title by adverse possession? Title by deed is sufficient; adverse possession is an alternative theory only if needed. Hunter Heirs argue the trial court erred in not recognizing prescriptive rights. Not addressed; division 1 resolved the issue.
What is the proper standard of review on a motion for new trial on general grounds? Appellate review limited to evidence supporting the verdict. Review should reweigh evidence if warranted by arguments. Court applies evidence-supported standard; does not reweigh credibility.

Key Cases Cited

  • Hughes v. Cobb County, 264 Ga. 128 (1994) (weight of evidence and witness credibility for bench determinations)
  • Addison v. Reece, 263 Ga. 631 (1993) (jury authorized to read 1918 deed; logical interpretation of deed)
  • Jackson v. Tolliver, 277 Ga. 58 (2003) (appeal from denial of new trial—evidence-supported standard)
Read the full case

Case Details

Case Name: Wallis v. Porter
Court Name: Supreme Court of Georgia
Date Published: Nov 7, 2011
Citation: 290 Ga. 218
Docket Number: S11A0913
Court Abbreviation: Ga.