Allen v. Smith

Supreme Court of Georgia

Allen v. Smith

43 S.E.2d 150, 202 Ga. 363, 1947 Ga. LEXIS 427

CourtSupreme Court of Georgia

DecidedJune 12, 1947

Docket15837.

StatusPublished

Cited by1 cases

This text of 43 S.E.2d 150 (Allen v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Smith, 43 S.E.2d 150, 202 Ga. 363, 1947 Ga. LEXIS 427 (Ga. 1947).

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Opinion

Atkinson, Justice.

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 agreed line, or is otherwise executed. Bradley v. Shelton, 189 Ga. 696 (4) (7 S. E. 2d, 261); Williamson v. Prather, 188 Ga. 545 (1) (4 S. E. 2d, 140); Powell on Actions for Land (Rev. ed.), p. 57; Mitchell on Real Property, p. 8. Accordingly, in a dispute over the dividing line between two coterminous landowners, where the plaintiff sought an injunction and relied upon the constant use, for more than twenty years, of the disputed strip of land by his tenants in going from the tenant house to an outhouse, and where the defendant produced evidence of an oral agreement accompanied by the construction of a fence in accordance therewith, the'verdict of the jury in favor of the defendant and approved by the trial judge will not be disturbed. Judgment affirmed.

All the Justices concur.

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Atkinson, Justice.

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 agreed line, or is otherwise executed. Bradley v. Shelton, 189 Ga. 696 (4) (7 S. E. 2d, 261); Williamson v. Prather, 188 Ga. 545 (1) (4 S. E. 2d, 140); Powell on Actions for Land (Rev. ed.), p. 57; Mitchell on Real Property, p. 8. Accordingly, in a dispute over the dividing line between two coterminous landowners, where the plaintiff sought an injunction and relied upon the constant use, for more than twenty years, of the disputed strip of land by his tenants in going from the tenant house to an outhouse, and where the defendant produced evidence of an oral agreement accompanied by the construction of a fence in accordance therewith, the'verdict of the jury in favor of the defendant and approved by the trial judge will not be disturbed. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

43 S.E.2d 150, 202 Ga. 363, 1947 Ga. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-smith-ga-1947.

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