182 Ga. 618 | Ga. | 1936
Rehearing
ON MOTION FOR REHEARING.
In view of the earnest plea for a rehearing, the following is said as an elaboration of the ruling already made.
The burden is on the plaintiff in error to show reversible error. Failure to do so must result in an affirmance of the judgment of which complaint is made. The bill of exceptions shows that “an auditor’s report involving title to land had been made the judgment of the court,” to which no exceptions were taken; that the successful litigant had applied for a writ of possession; that said application and the writ of possession described the land (as shown above); that the losing litigant demurred to the application, on the ground that “the description of the land as set out in the report of the auditor was so vague and indefinite that a writ of possession could not issue,” and if it “was issued according to the report of the auditor and the description of the land therein contained, the sheriff could not know which part of the 285 acres of the old Rylee land to cut the fifty acres off of;” that the land “could not be located and identified by the description in the auditor’s report;” that “the metes and bounds could only be arrived at by resorting to extrinsic evidence.” The demurrer was overruled, and the writ was issued. That constitutes the entire substance of the bill of exceptions. The record does
Rehearing denied.
Lead Opinion
The exception is to a judgment overruling a demurrer to an order to show cause why a writ of possession should not issue. Treating the demurrer as an objection to t-lie order, the sole question, as stated by the plaintiff in error, is “whether the description of the land . . is clear and specific and definite enough to be the basis of a writ of possession.” The description is: “Said land adjoins J. M. Rylee on the north and northwest, and on the east by Grove River, down the river to the mouth of the branch; thence up the branch to the road; thence up the road to a point for enough to make fifty acres by running out to J. M. Rylee’s corner, this road leading from the William Rylee old home place over into the plantation, going in a southern direction.” Held, that the description is sufficient.
Judgment affirmed.