133 Ga. 271 | Ga. | 1909
(After stating the facts).
The “sand bottoms,” which constituted the thirteen-acre tract, were specifically described in an amendment to the petition as being bounded, “North by Proctor’s Creek; East by the Georgia Railway and Electric .Company’s right-of-way; South by the foot of a high hill known as Snake Nation Hill, belonging to the Hollywood Cemetery Corporation, along the foot of which runs a driveway belonging to said corporation; and West by Payne’s line, which Payne’s line bounds said sand bottoms up to Proctor’s Creek.” The land sought to be recovered, which was embraced in the thirteen acres denominated as the “sand bottoms” .above referred to, was described in paragraph 3 of the petition, as “three acres of said land on the western side thereof, and bounded by the south side of the Georgia ERailway and Electric car line and the lines of said described land.” As the larger tract was bounded “North by Proctor’s Creek; East by the Georgia Railway and Electric Company’s right-of-way; . . and West by Payne’s line,” it is manifest that there could not be included therein “three acres . . on the western side thereof, and bounded by the south side of the Georgia Railway and Electric ear line and the lines of said described land.”
A verdict -and judgment for the plaintiff for “the premises in dispute,” or the land sued for, could not, in view of the description in the petition of the land sought to be recovered, be enforced by the sheriff, by delivering possession in accordance with the mandate of a writ for that purpose. The judgment of the court, overruling the motion to dismiss the petition on the ground of the insufficiency of the description of the land sued for, is therefore
Reversed.