139 Ga. 749 | Ga. | 1913
R. L. Hitchcock made application to the processioners of land for the 314th (Kinderbook) District of Putnam
It is contended that it is too late for the processioners to 'amend their return after the same has been filed in court and a protest filed thereto. There can be no sound objection to the amendment •of an official return by the officer who made it, after it has been filed. In many cases this practice is regulated by statute; as, for instance, ’an amendment of a levy, by the officer who made it, is allowable even after the sale occurred, and during the progress of an ejectment suit, in which the deed by the sheriff, based upon such sale, is one of the muniments of title relied upon in the case. Civil Code, §§ 5115, 5116; Dorminey v. DeLang, supra. But a statute is not necessary to authorize such amendment; and in the absence of regulatory legislation it is generally a matter resting
■ The case of Rawls v. Nowell, 133 Ga. 874 (67 S. E. 187), does not conflict with this ruling. In that case the applicant proposed to amend the plat made by the surveyor, by adding a description of the land; and the court held that such amendment by the applicant was not permissible. It will be noted that the proposal to amend was by the applicant, and not by allowing the officer to amend his return. It follows that the court properly allowed the amendment, and overruled the motion to dismiss for defects in the return of the -processioners which were cured by it.
Judgment affirmed.