52 S.E.2d 316 | Ga. | 1949
1. An unascertained or disputed boundary line between coterminous proprietors may be established by oral agreement when fully executed, and when so established it is immediately binding upon them and subsequent purchasers. A verdict finding that such an agreement was made and is now binding upon the parties to this cause was demanded by the evidence.
2. Since the evidence demanded a verdict for the defendant, the alleged error in the charge will not be considered.
The parties are adjoining landowners claiming under different sources of title. The plaintiff claims a tract of about 177 acres, which is a part of a larger tract formerly owned by Oliver Hoff. The defendant's tract contains approximately 1500 acres, and is a part of a boundary once owned by L. M. Hill. Except as to the acreage in dispute, neither questions the other's title to his or her respective land. The plaintiff claims that the acreage in dispute, being once a part of the Hoff tract, has now by a series of conveyances become vested in him. The defendant insists that it was a part of the Hill tract, and that she now had title for it. In other words, the record presents for decision a boundary-line controversy.
The brief for the plaintiff in error states that only two questions are actually presented for decision in this case, namely, was the evidence sufficient to authorize a verdict for the defendant, and did the court err in charging that part of Code § 85-404 complained of? We will deal with these questions in the order of their statement.
1. After carefully examining the record we think that a verdict for the defendant was not only authorized by the evidence but demanded. As previously pointed out, these parties are adjacent landowners, and it has for a long time been an established rule in this State that an unascertained or disputed boundary line between coterminous proprietors may be established by oral agreement, if the agreement is accompanied by actual possession to the line, or is otherwise duly executed. Shiver
v. Hill,
2. Since we have held in the preceding division that a verdict for the defendant was demanded by the evidence, it is unnecessary to consider the criticism made of the charge. Lunsford v.Armour,
Judgment affirmed. All the Justices concur. *51