71 Ga. 528 | Ga. | 1884
The petitioner for the processioning asked that the lines around the tract of land in his district be surveyed and marked anew ; the protestant was only notified, and was present at the processioning, and made no objection, then or afterward, because the lines around the entire tract were not run, and because only one of these lines was surveyed and marked anew, this being the line that separated his lands from the applicant’s. The plat made out and returned by the surveyor is certified to be a true representation of the lines between applicant and protestant, while
It is true, as contended by protestant, that it is the surveyor’s duty to make out and certify a plat of the lines, etc., and to deliver a copy thereof to the applicant, which, in all future disputes arising in respect to the boundary lines of the tract, with any owner of adjoining lands, having notice of the processioning, would be deemed prima facie correct and admissible in evidence without further proof. Code, §2386. Whether the rule of evidence provided for under this section obtains on the trial of the issue made by the protest, may admit of doubt; but the entire proceeding duly returned is in the nature of a judgment, and is prima facie binding until set aside, and under that view is admissible in evidence to shift the onus, and if not success-
Judgment affirmed.