215 Ga. 410 | Ga. | 1959
Property Management Services, Incorporated, filed a suit for specific performance of a contract for the sale of land against Mrs. Mary Sewell Crooke et al.
1. The plaintiffs in error 'state the questions to be decided in the following language: “I. What does the petition ask to be specifically performed — the conveyance of Unit #2 or of all the land of the defendants in error (sic) in the entire seven (7) land lots? II. As the descriptions depend upon a plat, and as Exhibit A states that the plat is attached and Exhibit C states that the plat will be attached, should the plat be attached? III. Presuming that the petitioner wishes specific performance of the option to purchase Unit II, can
2. In so far as the second question posed by the plaintiffs in error is concerned, we are here dealing with a general demurrer. No special demurrer was interposed. The plat referred to in the contract as describing the property in question was referred to by the book and page in the office of the clerk where the plat is alleged to be duly recorded. “Where a deed or grant refers to a plat as furnishing the description of the land conveyed, the plat itself and the words and marks on it are as much a part of the grant or deed, and control, so far as limits are concerned, as if such descriptive features were written out on the face of the deed or grant itself.” Westbrook v. Comer, 197 Ga. 433 (2) (29 S. E. 2d 574). See also State of Ga. v. Ga. Ry. &c. Co., 141 Ga. 153 (80 S. E. 867); Valdosta Machinery Co. v. Finley, 164 Ga. 706 (139 S. E. 337); Lewis v. Trimble, 151 Ga. 97 (106 S. E. 101). Bearing in mind that we are only dealing with a general demurrer, applying the rules of law set forth in the above-cited cases, we hold that reference, to a plat by the book and page where the plat is recorded is sufficient, and whether or not the plat does in fact properly describe the property will be a matter of proof.
3. Since the maximum time covered by the contract is nine years and two months, clearly the rule against perpetuities has no application.
4. It follows from what has been said above, the judgment of the trial court was not error for any reason assigned.
Judgment affirmed.