143 Ga. 417 | Ga. | 1915
The ease is in ejectment, and the locus isa triangular piece of land in square or block 155, in the City of Milledgeville, tying between the.tracks of the Central of Georgia Railway Company and the Georgia Railroad and Banking Company, containing about three fourths of an acre. Both parties claim by purchase from the City of Milledgeville. The plaintiffs’ deed is dated July 9, 1909, and the defendants’ deed is dated May 28, 1863. The defendants contend that the older deed, under which they claim, was intended to convey the land in dispute; that their predecessor in title entered into possession; that that possession, as well as the possession of their successor in title, has never been disturbed; and that although the number of the block as contained in the description is erroneously stated, nevertheless, under the facts (which will be developed later), the deed was sufficient to' convey title.
The deed" from the City to the Milledgeville Railroad Company, dated May 28, 1863, recites that by virtue of the act of the General Assembly approved December 30, 1836, the Mayor and Aldermen of the City of Milledgeville “did advertise, for lease for the term of one thousand years, a certain lot of land within the corporate limits of said city, known and distinguished in the plan of said city as part of square number one hundred and fifty eight (158), containing three quarters of an acre, more or less, situate, tying, and being the northwest common of said city, which said lot of land was leased in the City of Milledgeville on the sixth day of May, 1863, and was leased to Milledgeville Railway Company at the sum of one hundred dollars.” In consideration of $100 the deed purports to convey, for the term of one thousand years, “a part of Square No. 158, tying between M. & E. & M. R., containing three quarters of an acre, more or less.” -It was shown that M. & E. & M. R. meant the Milledgeville and Eatonton Railroad Company and the Milledgeville Railroad Company, and it was admitted that the defendants in the action were successors in title to the Milledgeville Railroad Company, and that the Milledgeville and Eaton-ton Railroad Company is now the Central of Georgia Railway Company. At the time the deed was executed the track of the Milledgeville and Eatonton Railroad was constructed and the line of the Milledgeville Railroad Company was located, and the track was laid five years thereafter on the same route originally selected and marked out. Squares 155 and 158 are separated by Jackson Street,
Judgment affirmed.