Supreme Court of Georgia, 1947

Allen v. Smith

Allen v. Smith
Supreme Court of Georgia · Decided June 12, 1947 · Atkinson
43 S.E.2d 150; 202 Ga. 363; 1947 Ga. LEXIS 427 (South Eastern Reporter, Second Series)

Allen v. Smith

Opinion of the Court

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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