Supreme Court of Georgia, 1942

Foster v. Thomas

Foster v. Thomas
Supreme Court of Georgia · Decided April 23, 1942 · Bell
20 S.E.2d 80; 193 Ga. 823; 1942 Ga. LEXIS 481 (South Eastern Reporter, Second Series)

Foster v. Thomas

Opinion of the Court

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.

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