139 Ga. 433 | Ga. | 1913
The action is complaint for land by A. L. TYooten, trustee, against Mrs. Gussie Solomon, and the locus in quo is a small lot of land 20 by 34 feet lying in the rear of the premises of the -litigants. Both parties derive their title from Mrs. M. E. Eogers. Mrs. Eogers owned a lot of land, rectangular in shape, on the corner of Cherry and Spring Streets in the City of Macon. In 1898 she conveyed by warranty deed to the Union Savings Bank & Trust Company the following described property: “Those two (2) lots of land in said State and Countj^, and in the City of Macon, being part of lot six (6), Square sixty-nine (69); one fronting thirty-four (34) feet bn Spring Street and running back same width one hundred and five (105) feet, and bounded North and East by lot formerly belonging to ICirthland, .and South and Southwest by Mrs. Eogers. And one fronting forty (40) feet on Cherry Street, running back same width one hundred and eleven (111) feet along lot of formerly' Alex. Stephens, now Merkel, and bounded Northwest by Mrs. Eogers and Southeast by said Merkel’s lot; the depth of said lots being measured from the present line of Spring and Cherry Streets as fixed by encroachments on same; said lots being shown by following plat.” The plat represented the whole area of the Eogers land as being 111 by 105 feet, depicting a rectangle included therein marked “Mrs. Eogers,” which was surrounded on two sides by the other portion of the land, which appears as 'a single lot without any mark to denote a division into two parts. The plat also contained a symbol indicating that Spring Street bounded the whole area on the northeast. At the time this conveyance was made Mrs. Eogers lived on the land, and a part of her dwelling-house extended over a portion of the land appearing in the plat as conveyed by the deed. It occupied the space 34 by 20 feet (which is the land in controversy), lying immediately above the lot of 40 by 111 feet, about which there is no contention. In 1906 Mrs. Eogers conveyed the balance of her land, including the locus in quo, to Mrs. Gussie Solomon; and in 1907 the bank hereinbefore named conveyed to the plaintiff the lot fronting on Spring Street, and described as extending back 105 feet from Spring Street.
The controlling point of the case is the determination of what land was conveyed by Mrs. Eogers .to the bank, as appears from her deed as applied to the subject-matter of the litigation. As
It will be ‘borne in mind that the question is not whether the city was bound by the encroachment of Mrs. Eogers on the street prior to the last one as fixed by the proper authorities'. Mrs. Eogers was in possession of certain land, and she was conveying that land. Both parties admit that Mrs. Eogers had title to the land conveyed; so that there is no dispute about the title. The controversy is over the location of the land conveyed by her deed. According to the location of the land as found by the jury, the plaintiff is given a lot extending 105 feet back from the Spring Street line, the full extent of the calls of the deed to his grantor from Mrs. Eogers, and the defendant is given land which has been in the adverse possession of Mrs. Eogers and herself for more than thirty years.
Judgment affirmed.