182 Ga. 788 | Ga. | 1936
' R. L. Patrick, A. A. Wren, and W. J. Wren Jr., as administrators of the estate of W. J. Wren, deceased, brought an action against R. W. Sheppard, W. A. Swint, G. B. Walden, and Atlantic Ice and' Coal Corporation, for recovery of a certain described parcel of land, and for rents and profits j a plat of said parcel, made on April 11, 1934, being attached to and made a part of the petition. Answer was filed. The issue thus made was by consent tried by the judge without a jury, on an agreed statement of facts substantially as follows: On November 5, 1885, W. S. Wren, after having conveyed a right of way through his property to the Georgia and Florida Railroad, conveyed to W. J. Wren, deceased, certain property which included the parcel of land in dispute. It is agreed that the plat attached to the petition correctly describes the property in dispute. The defendants claim title by reason of the following conveyances, all duly recorded: On June 6, 1921, the plaintiffs as administrators, under order of the court of ordinary and after due advertisement, conveyed to L. S. Wren a lot described as follows: “All that lot or parcel of land lying and being in the Town of Wrens, 81st district G. M. of Jefferson County, Georgia, known as lot No. 3 in the plan of said town, bounded by Mill Street, right of way of the Georgia and Florida Railroad Company, and lot number 2 in plan of said Town of Wrens, on which lot is situated what is known as Wrens Milling Company, the same being an up-to-date roller flour-mill of 60-barrel per day capacity, with all the machinery and outfit of a first-class flour-mill in perfect running order, with engines, boilers, belts, conveyors, fairs, and everything in complete running order, sold together with the lot.” A copy of the plan of
“Map of Wrens, Ga., property of W. J. Wren, Wrens, Ga., May 22, 1909.”
Under the evidence no question is raised as to title in the defend-ants by seven years adverse possession under color of title; and this being a case in the nature of a suit in ejectment, the plaintiffs must recover on the strength of their own title. Code, § 33-101. Therefore the sole question before the court is a proper construction of the deed to L. S. Wren by the plaintiffs as administrators of the estate of W. J. Wren, deceased. “If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties, from the whole instrument, should, if possible, be ascertained and carried into effect.” Code, § 29-109. “In construing conveyances of land, effect is to be given to every part of the description^ if practicable; but if the thing intended to be granted appears clearly and satisfactorily from any part of the description, and other circumstances of description are mentioned which are not applicable to that thing, the grant will not be defeated, but those circumstances will be rejected as false or mistaken. What .is most material and most certain in a description shall prevail over that which is less material and less certain.” Harris v. Hull, 70 Ga. 831. It is also a well-established rule that.
It is contended by the defendants that the court, in properly construing the deed, should so construe it as to extend the boundary line between lots 2 and 3, as shown on the plat, to the railroad right of way, which, if done would include the land in controversy in the conveyance. “While it is not necessary that the instrument should embody a minute or perfectly accurate description of the land, yet it must furnish the key to the identification of the land intended to be conveyed by the grantor. If the premises are so referred to as to indicate his intention to convey a particular tract of land, extrinsic evidence is admissible to show the precise location and boundaries of such tract. The test as to the sufficiency of the description of property contained in a deed is whether or not it discloses with sufficient certainty what the intention of the grantor was with respect to the quantity and location of the land therein referred to, so that its identification is practicable. Andrews v. Murphy, 12 Ga. 431.” Crawford v. Verner, 122 Ga. 814, 816 (50 S. E. 958). “A description of the land is not too indefinite if the court can, with the aid of extrinsic evidence which does not add to, enlarge, or in any way change the description, fit it to the property conveyed by the deed. Tumlin v. Perry, 108 Ga. 520 (34 S. E. 171); Atlanta etc. R. Co. v. Atlanta etc. R. Co., 125 Ga. 529