153 Ga. 849 | Ga. | 1922
(After stating the foregoing facts.) The court takes judicial cognizance of the fact that land lot No. 61 in the sixth district of Crawford county, Georgia, contains 202 1/2 acres, and is in the form of a square. Huxford v. Southern Pine Co., 124 Ga. 181 (3), 187 (52 S. E. 439); Payton v. McPhaul, 128 Ga. 510, 514 (58 S. E. 50, 11 Ann. Cas. 163). The devise by the testator to his son, H. C. Mathews, of .75 acres of land lying and being on the east side of land lot No. 61, is sufficiently certain to embrace such a parallelogram as would result from‘drawing a line across the entire lot, parallel with its eastern boundary, so as to cut off 75 acres. Gress Lumber Co. v. Coody, 94 Ga. 519 (21 S. E. 217); Vaughn v. Fitzgerald, 112 Ga. 517 (2), 519 (37 S. E. 752); Payton v. McPhaul, supra; Osteen v. Wynn, 131 Ga. 210 (62 S. E. 37, 127 Am. St. R. 212) ; Phillips v. Paul, 148 Ga. 104 (95 S. E. 969).
The devise to his daughter, Clyde B. Mathews, of 25 acres, being in the center of land lot No. 61, bounded east by land given to her brother, Ii. C. Mathews, and west by land gwen to her sister, Maude B. Mathews, is not so definite and clear as is the description of the land given to the son. This tract is described, in part, as “ being in the center of land lot No. (61) sixty-one.” Center is here used not in its strict and scientific sense but in the sense of middle, and as something between two other objects. In every-day speech wel often refer to an object between two other objects as the one in the center, although such object is not at the midpoint. It is in this sense that the word is used in this devise. If this were the
However, we are not' concerned with the proper location and description of the tract given to the daughter, Clyde B. Mathews.
The tract given to the petitioner is described as “ 25 acres land, west side land lot (No. 61) sixty-one, and being all of said lot except tract including the fish-pond about — acres, and the two tracts given to her brother and sister, H. C. and Clyde B.” It is insisted that under this description only 25 acres of land were given to petitioner. This would be true, beyond doubt) if the description had consisted only of 25 acres of land on the west side of this land' lot. In that case it would have been such a parallelogram as would result from drawing a line across the lot parallel with its western boundary so as to cut off 25 acres. There are other descriptions given. The land devised to petitioner is described as “ being all
Judgment reversed.