Foster v. Thomas

20 S.E.2d 80, 193 Ga. 823, 1942 Ga. LEXIS 481

• Court: Supreme Court of Georgia
• Decided: April 23, 1942
• Docket: 14074.
• Status: Published

Opinion

Bell, Justice.

1. Acquiescence for seven years by acts or declarations of" adjoining landowners shall establish a dividing line; and where a line has been so established as between coterminous owners, it will be binding upon their respective grantees. Code, § 85-1602; Osteen v. Wynn, 131 Ga. 209 (4) (62 S. E. 37, 127 Am. St. R. 212).

2. The evidence in this case demanded a finding that the line claimed by the defendant had been established by such acquiescence as between him and a coterminous owner under whom the plaintiff held; and such being the ease, the court did not err in directing the verdict in favor of the defendant. Compare Brown v. Hester, 169 Ga. 410 (150 S. E. 556); Sikes v. Mutual Benefit Life Insurance Co., 182 Ga. 858 (187 S. E. 61).

Judgment affirmed.

All the Justices concur.