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133 Ga. 874

Rawls v. Nowell

Supreme Court of Georgia

Decided February 24, 1910

Supreme Court of Georgia · decided 1910-02-24

<p>Processioning. Before Judge Worrill. Miller superior court, .October 28, 1908.</p>

Relies on Amos v. Parker · Crawford v. Wheeler

Good law ✅— No negative treatment on recordhow we know

Decided 1910-02-24

How this case has been cited

Cited by 9 later decisions — most recently May 1988

9 state decisions

3019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Holden, J.

¶1An application was made by the owner of a tract of land to have the lines around it traced and marked by processioners and the county surveyor under the provisions of the Civil Code, §§3243 et seq., and a protest to the return of the processioners was filed by one claiming to be an adjoining landowner. Held:

¶21. Where the return of the processioners and the plat, with the certificate of the surveyor thereto, does not definitely locate the tract of land around which the lines were alleged to have been traced' and marked, the entire proceedings should be dismissed.

¶32. It was not proper for the court to order that “said ease be referred back to the processioners for another survey;” and direction is given that the court pass an order dismissing the entire proceedings. Amos v. Parker, 88 Ga. 754 (16 S. E. 200) ; Crawford v. Wheeler, 111 Ga. 870 (36 S. E. 954).

¶43. The court properly refused to allow the applicant “to amend' the plat of the survey by adding thereto ‘lot No. 99 in the 13th district of said county of Miller.’ ”

¶5.Judgment affirmed, with direction.

All the Justices concur.
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