Banks v. Lane
Banks v. Lane
Opinion of the Court
1. It is conceded by both parties that the only issue before this court is whether or not there is any evidence to support the verdict, the plaintiff contending that there is none and that the evidence under the law applicable to this case demands a verdict for the plaintiff. The defendant on the other hand, contends that, while the evidence is conflicting, there is sufficient evidence to support the verdict.
We have read the evidence and have reached the conclusion that there is sufficient evidence to support the verdict, and that the court did not err in denying the motion for a new trial, based only on the statutory grounds. In our opinion the law, under the facts of this case, supporting the view which we have above announced, is found in the Code, § 85-1602, as follows: “General reputation in the neighborhood shall be evidence as to ancient landmarks of more than 30 years standing; and acquiescence for 7 years, by acts or declarations of adjoining landowners, shall establish a dividing line.”
In Ehrlich v. Mills, 203 Ga. 600, 602 (48 S. E. 2d 107) the Supreme Court said that acquiescence for 7 years, by acts or declarations of adjoining landowners, shall establish a dividing line. See also Bennett v. Perry, 207 Ga. 331 (2) (61 S. E. 2d 501).
The testimony of one witness, Josiah Pressley, was to the effect that he had known the land in question for about 30 years; that the line had been known to be the line claimed by the defendant; and that he had pastured and cultivated the land for more than 20 years according to the line claimed by the defendant. There is other evidence in the record, quoted hereinabove, to the effect that there was an acquiescence for 7 years by acts and declarations of adjoining landowners that the line claimed by the defendant was established as the dividing line in question. There are other authorities sustaining the verdict of the jury, which we do- not deem it necessary to cite, since a careful reading of the evidence and the authorities already cited is clear on this point.
2. We are aware that the evidence in many respects is in
Cobb v. Battle, 34 Ga. 458; Taggart v. Savannah Gas Co., 179 Ga. 181 (1) (175 S. E. 491); Georgia Ry. &c. Co. v. Harris, 1 Ga. App. 714, 717 (57 S. E. 1076); Armour & Co. v. Gulley, 61 Ga. App. 414 (6 S. E. 2d 165); Southern Timber Co. v. Bland, 32 Ga. App. 658 (124 S. E. 359); McSwain v. Estroff, 34 Ga. App. 183 (2) (129 S. E. 16); Slater v. State, 44 Ga. App. 295, 297 (161 S. E. 271); and Code § 38-301. In view of what we have said, under the evidence of this case we deem no -further comment necessaiy.
The court did not err in denying the motion for a new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.