Public-domain · open source
OpenJurist

145 Ga. 52

Chambers v. Netherland

Supreme Court of Georgia

Decided April 12, 1916

Supreme Court of Georgia · decided 1916-04-12

<p>Complaint for land. Before Judge Jones. Hall superior court. April 25, 1915.</p>

Relies on Martin v. Pattillo · Stovall v. Caverly · Howland v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1916-04-12

How this case has been cited

Cited by 5 later decisions — most recently February 2004

5 state decisions

101916192019301940195019601970198019902000decided

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.

View the full empirical analysis of this case →

Atkinson, J.

¶11. In an action of complaint for land, a certified copy of a plat made by the county surveyor in a processioning proceeding under tlie statute is prima facie, not conclusive, evidence of the true line between adjoining landowners. Civil Code, § 3819; Hearn v. King, 69 Ga. 751; McGraw v. Crosby, 129 Ga. 780 (59 S. E. 898).

¶2(a) In each of the cases of Howland v. Brown, 92 Ga. 513 (17 S. E. 806), Martin v. Pattillo, 126 Ga. 436 (55 S. E. 240), and Stovall v. Caverly, 139 Ga. 243 (77 S. E. 29), a protest was filed to the return of the proeessioners, and a final judgment rendered sustaining the return, and the judgment was held conclusive.

¶32. There being no complaint of any error of law committed at the trial, and the evidence being sufficient to overcome the presumption in favor of the return of the processioners, and otherwise sufficient to support the verdict for the plaintiff, the discretion of the trial judge in refusing a new trial will not be disturbed.

¶4Judgment affirmed.

All the Justices concur.
/145/ga/52 · .json · Public domain