151 Ga. 129 | Ga. | 1921
1. In an action for the recovery of land, the premises should he so fully described as will enable the sheriff to execute the writ of possession. Harwell v. Foster, 97 Ga. 264 (22 S. E. 994); Hicks V. Brinson, 100 Ga. 595 (28 S. E. 380); McCullough V. East Tenn., Va. & Ga. Ry. Co., 106 Ga. 275 (3), 277 (32 S. E. 97); Crosby v. McGraw, 133 Ga. 560 (66 S. E. 897) ; Williams v. Perry, 136 Ga. 453 (71 S. E. 886).
2. A verdiet in a eivil ease which is too indefinite for enforcement may be set aside on proper motion for that purpose, made during the term at which the verdict was rendered, though subsequently to its reception by the court and its entry upon the minutes. Abbott v. Roach, 113 Ga. 511 (38 S. E. 955). This case differs from Brown v. State, 150 Ga. 585 (104 S. E. 428), which was a criminal ease.
3. A defendant who passes over without demurring to a petition in an action for land, which is fatally defective in that it does not set forth a sufficient description of the premises sued for, may, after verdiet and judgment against him, in addition to other available remedies duly move to set the judgment aside. Kelly v. Strouse, 116 Ga. 872 (5 a), 883 (43 S. E. 280).
4. Where, in a petition in an action for land, the naming of adjoining landowners is relied on as a necessary part of the description of the
cited Civil Code, §§ 5960, 6282; Rooks v. Tucker, 129 Ga. 744, 746.