141 Ga. 153 | Ga. | 1913
The State of Georgia brought an action against the Georgia Railway and Power Company to recover 258.4 acres of land, located within a deep gorge, through which the Tallulah river
It was insisted at the trial that even if the grants from the State be construed to cover the land in the gorge, they are limited as a conveyance of title to the land actually surveyed, which was only to the brink of the chasm and not to the river in the chasm. The field notes of the Rabun lots were found in the office of the Secretary of State, and were received in evidence. The notes did not contradict the plat. The field notes of the Habersham land could not be found. On a recent resurvey of the lots some of the marked trees noted in the field notes could not be found, and there was some variation in the length of the lines running to the river. These variations were not extensive. The engineer who made the resurvey for the State in 1912 testified: “In going over the work of these old surveyors, I was impressed that they made an honest effort to carry out the instructions under which they were working. There are some errors, as would be expected in surveying through a virgin territory like this was at the time they surveyed it, and of such rough topography; 'and I was impressed with the fact that their work had been done conscientiously, and with what at that time would have been called excellent accuracy.” It is generally recognized that course and distance, depending for their correctness on a great variety of circumstances', are constantly liable to be incorrect. As was said by Chief Justice Marshall: “It is a general principle that the course and distance must yield to natural objects called for in the patent. All lands are supposed to be actually surveyed, and the intention of the grant is to convey the land, according to that actual survey; consequently if marked trees and marked corners be found, conformable to the calls of the
Judgment on main bill of exceptions affirmed. Gross-bill dismissed.