68 Ga. 334 | Ga. | 1882
The plaintiff in error brought this suit against the defendant in error to recover fifteen acres of land, more or less, off of land lot number 254, in Dekalb county. The jury, under the charge of the court and the evidence, found against him, and he made a motion for a new trial, which the court refused, and he excepted.
Both parties claim under one deed, and the dispute arises upon the following description contained in the original deed : “ Commencing at Anderson’s corner, near Dean’s mill pond, and running north to where the fence now stands until it strikes near the creek, within distance sufficient to set a fence following the creek. But reserving, however, the land on said east side as far as the back water shall cover from said Dean’s mill pond, until the line reaches the ford of said creek.”
It is claimed by the plaintiff in the suit that there were two fences,'one on the east, the other on the west side of this pond, and that the real line was to run across the pond directly north, until it struck the fence on the west side; and by the defendant, that the line was to run to the fence on the east side which was only east of north from the beginning corner.
Much testimony was introduced to explain the location of these fences and fields, and exactly where the line ran according to the fact and the deed.
The record discloses the fact, that the land in dispute
The construction which the court gave to the deed was the only fair one which could have been given consistent with itself. It is true that if nothing else except the direction had been given, that would have been absolutely controlling and must have carried the line where the plaintiff claims that it was intented to have gone, that is north, but the whole description of the line must be taken together.
In looking through the whole case, we find no error of law committed by the judge, and are of opinion that the evidence fully supports the verdict,
Judgment affirmed.