150 Ga. 88 | Ga. | 1920
A suit in- ejectment was commenced to recover “■fifty acres'of lot of land No. 17 in the 6th district of formerly Montgomery, now Wheeler county, Georgia, more particularly described as being fifty acres lying in a square in the southeast corner of said lot.” At the trial the defendants moved to dismiss the declaration, upon the ground that the land in dispute was nbt described with such definiteness that, in the event of a recovery by the plaintiff, the sheriff could execute the writ of possession from the description given. The court was asked to judicially recognize that the sixth land district of originally Wilkinson, then Montgomery, but now Wheeler county, is divided into duly numbered lots of 202 1-2 acres each in the shape of a square, and that the lines of the lots are run at an angle of forty-five degrees, and that the lines of the lots are not run north and south End east and west. The court overruled the motion; and the ease is now before this court on exceptions to that ruling and to the refusal of the trial court to dismiss the declaration.
declaration. Judgment reversed.