149 Ga. 610 | Ga. | 1919
1. An instrument in the form of a bond for title, which contains the following description only: “forty acres of land commencing at the northeastern corner and running to Bear Creek west then Bear Creek being the line to the original west line being lot No. (389) three hundred and eighty-nine in the 9th district of said county,” is inadmissible in evidence as color of title, because the description is too vague and indefinite and insufficient to identify any particular tract of land. The entire lot contains 490 acres, as shown by the records in the office of the Secretary of State, and it is not contended that a conveyance of the entire lot was intended.
2. “If the instrument relied on as- color of title be fatally indefinite in the description of the premises therein referred to, the actual occupancy of a part cannot be adverse to the extent of any boundaries whatever. The necessity of a sufficiently certain description is therefore apparent.”
4. The above rulings are controlling, and require the grant of a new trial. The other assignments of error, in so f.ar as they are sufficient to raise any question for decision by this court, will not likely occur on another trial, or are not of such character as would in themselves require the grant of a new trial.
Judgment reversed.