133 Ga. 560 | Ga. | 1909
J. P- McGraw brought a statutory action against D. A. Crosby, to recover a tract of land described in the petition,
The only statement made in the petition which would in any manner serve to locate the tract of land is the statement that the fifty acres of land sued for are in the possession of the defendant Crosby. We do not think this is sufficient to identify the land; as the sheriff, in order to locate it solely by determining how far north the possession of the defendant extended, would have to hear evidence as to this fact. How far the actual or constructive possession of the defendant extended north between the east and west lines referred to is not a matter which can be determined from the petition, and might be a matter of serious dispute. If the description above given is sufficient, then the mere statement, in a petition bringing a suit for land, that the defendant is in possession of a tract of land sued for, that it contains a specified number of acres and is embraced in a tract of land which is definitely described, would serve to identify the land sued for. It has been held that a description of this kind is insufficient, in the ease of Harwell v. Foster, 97 Ga. 264 (22 S. E. 994), where it was ruled: “If the premises sued for be described as a certain number of acres embraced in a larger tract, which latter tract is accurately described, but there is no further description of the particular premises sued for, suoh description is too indefinite to be made the basis of a recovery.” In the case of McCullough v. E. T., V. & G. Ry. Co., 106 Ga. 275 (32 S. E. 97), suit was brought to recover a strip of specified length, 17
Judgment reversed.