50 S.E.2d 108 | Ga. | 1948
1. Equity will enjoin a continuous trespass.
2. The test as to the sufficiency of the description of property contained in a deed is whether or not it discloses with sufficient certainty what the intention of the grantor was with respect to the quantity and location of the land therein referred to, so that its identification is practicable. If the deed furnishes a key by which the property conveyed can be identified, it is sufficient.
3. Where the descriptive averments contained in a deed are sufficient to furnish a key whereby the land which the grantor intended to convey *536 may be ascertained, parol evidence which does not add to, enlarge, or in any way change the description is admissible for the purpose of identifying the conveyed land.
4. Where a new trial is granted, and on another trial it is not likely that the evidence will be the same, it is not necessary for this court to pass upon the general grounds of a motion for new trial or a special ground complaining because of a directed verdict.
2. Ground six of the amended motion for new trial complains as to the refusal of the trial judge to admit in evidence a deed from Henry Clark to Gainesville, Jefferson Southern Railroad Company, upon which the defendant relied for title. That the deed was void for want of sufficient description to identify the land which the grantor intended to convey, was the only objection made to its introduction. The deed, captioned "State of Georgia, County of Hall," and dated June 22, 1880, contains the following description: "All the land contained within one hundred feet in width on each side of its track, or roadbed (measured from the center) of any portion of the lot of land hereinafter described through which said railroad may be constructed. The land hereby conveyed being my entire plantation consisting of various lots and parts of lots lying on the surveyed road or route with all of the privileges and immunities."
It is well settled by the decisions of this court that a deed is sufficient to pass title, and will not be declared void for uncertainty of description, if the descriptive averments contained therein are certain, or if they afford a key by which the land can be definitely located by the aid of extrinsic evidence. Swint v. Swint,
3. On motion the court ruled out of evidence the entire testimony of C. L. Newton (a witness for the defendant), who in substance testified: that the right of way of Gainesville Midland Railroad goes through land formerly known as the Henry Clark plantation; that the company had been using its right of *539 way, without change, for sixty-five years by running its trains over it; that the place where Mr. Clark lived and died was known as the Henry Clark plantation; and that he never knew of any other Henry Clark plantation in Hall County. In view of our ruling in the preceding division, this testimony was relevant and material, and the court erred in excluding it.
4. Headnote 4 requires no elaboration.
Judgment reversed. All the Justices concur, except Bell, J.,absent on account of illness.