90 Ga. 612 | Ga. | 1892
Mrs. Johnson, as executrix of W. B. Johnson, alleged in her petition that Johnson, when he died, was seized and possessed of lot of land number 28 in the 7th district of originally Houston, now Crawford county, and had perfect title thereto, and that Simerly had, without any right or authority, entered upon the land, cut and felled timber, cleared out roadways, etc., and continued to do so though notified to desist. She prayed an injunction, judgment for damages and the appointment of a receiver subject to final decree. The evidence of title introduced by her on the trial was a grant of the lot in question by the State to A. J. & D. W. Orr, issued in 1846, and their deed to Johnson, dated 1849 and recorded in 1889. The defendant claimed as tenant under M. A. Cherry, and introduced a chain of deeds to show title in Cherry, all of which included the lot in question, and the first of which was dated 1859 and was recorded in 1860. This deed described the property conveyed as follows: “ All those five tracts or lots of land, lying,being and situated in 7th district of originally Houston, now Crawford county, in said State (of Georgia), . . and containing 202| acres each more or less, and known and distinguished in the plan of said district as Nos. 29, 80,
The grounds of the motion were, that the verdict was contrary to law, evidence, etc., and that the court erred in charging as follows: “If lot No. 28 was conveyed with other lots of land, and the entire land aggregated 1,012-|- acres and it was so stated in the deed, and if the lots conveyed were in one body or tract; that is, if the lots were adjoining or contiguous to each other, the possession of a part of the tract would be constructive possession of the entire tract conveyed in the deed, and if the deed was properly recorded, and the defendant and those under whom he claims title held possession for seven years, then his title would be good and you should find for defendant.”
There was no error in these instructions. The code, §2681, declares that “constructive possession of lands is where , a person having paper title to a tract of land is in actual possession of only a part thereof. In such a case the law construes the possession to extend to the boun
It was contended that in order for the statute to apply, the deed must describe the boundaries'of the tract, and that the deeds under which the defendant claims do not do this. "We think the boundaries are sufficiently described. The deeds give the numbers of the lots as they were laid off’ and numbered in the original survey by ’ the State, and the boundaries are the lines on the margins of the tract, as established by the State. This description was sufficient to identify the land, and to put the world on notice of the extent of the claim made under the deed. See Barber v. Shaffer, supra, 76 Ga. 285(b). The evidence warranted the verdict.
Judgment affirmed.