Smith v. Smith

Court of Appeals of Georgia

Smith v. Smith

218 S.E.2d 682, 135 Ga. App. 681, 1975 Ga. App. LEXIS 1781

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1975

Docket50896

StatusPublished

Cited by2 cases

This text of 218 S.E.2d 682 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Smith, 218 S.E.2d 682, 135 Ga. App. 681, 1975 Ga. App. LEXIS 1781 (Ga. Ct. App. 1975).

Pincite

Opinion

Stolz, Judge.

The defendant appeals the denial of his motion for summary judgment in this suit for damages resulting from a shortage of acreage in conveyances from the defendant to plaintiffs predecessors in title.

1. Plaintiffs second amendment filed subsequent to the filing of the notice of appeal is a nullity and is not considered in this decision. D. P. v. State of Ga., 129 Ga. App. 680 (1) (200 SE2d 499) and citations therein.

2. From the descriptions of land contained in the deeds in the record, this court is unable to determine as a matter of law whether the 98.43 acres described in the judgment in favor of third parties against plaintiff is or is not included in the deeds in plaintiffs chain of title. The Superior Court of Bryan County correctly denied [682]*682defendant’s motion for summary judgment.

Submitted July 1, 1975 Decided September 4, 1975. M. Francis Stubbs, Richard D. Phillips, for appellant. B. Avant Edenfield, Kenneth McBurnett, for appellee.

Judgment affirmed.

Deen, P. J., and Evans, J., concur.

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