180 Ga. 483 | Ga. | 1935
1. The evidence showed that subsequently to the alleged parol gift of the vacant property in dispute the defendants’ predecessor acquired title to adjacent property by a warranty deed containing a covenant mutually binding him and the grantor, under whom petitioners claim title to other property adjacent to the vacant property, not to
2. The mutual covenant as to keeping the vacant lot unenclosed and unimproved constituted an appurtenance for the benefit of the adjacent property subsequently purchased by Godfrey & Candler; and under a warranty deed conveying such adjacent property “with all appurtenances thereto,” they have the right as grantee to enforce in equity the restriction against the defendants enclosing or improving the vacant lot. Rosen v. Wolff, 152 Ga. 578 (110 S. E. 877).
3. The evidence fails to show any exclusive adverse possession by the defendants or their predecessor which would afford a basis for prescribing against the mutual covenantor and his successors, the petitioners in this case. Therefore the verdict can not be sustained upon the theory of prescription as to the vacant lot. Morgan v. Mitchell, 104 Ga. 596 (30 S. E. 792).
4. The court erred in refusing a new trial.
Judgment reversed.