158 Ga. 683 | Ga. | 1924
1. In an action of complaint for land, where a civil engineer who has made a survey and plat showing the location of the line in dispute testifies that such survey and plat are correct, the plat and such testimony are admissible in evidence. Wooten v. Solomon, 139 Ga. 433 (2) (77 S. E. 375). See, in this connection, Bunger v. Grimm, 142 Ga. 448 (5) (83 S. E. 200, Ann. Cas. 1916C, 173), and citations; 22 C. J. 910, § 1114. When such evidence is admissible as indicated above, a ruling of the court admitting the evidence will not be held erroneous by reason of the fact that the survey and plat were not made in the time, and upon notice to the parties, as provided in an order of the court entered in the case, directing a survey and plat of the line to be made.
2. Under the evidence there were issues for determination by the jury, and the court erred in directing a verdict.
Judgment reversed.