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37 Ga. App. 197

Holden v. Harmon

Court of Appeals of Georgia

Decided August 12, 1927

Court of Appeals of Georgia · decided 1927-08-12

Cited by 1 later decisions — most recently September 1965

1 state decisions

Relies on Castleberry v. Parrish · Georgia Talc Co. v. Cohutta Talc Co. · Rawls v. Nowell

Good law ✅— No negative treatment on recordhow we know

Decided 1927-08-12

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Luke, J.

¶1The issue in the trial of a processioning ease is not as to title to the land (McAlpin v. Thompson, 29 Ga. App. 495 (7), 116 S. E. 64), and where the plaintiff introduces in evidence the petition to the proeessioners, with all entries thereon, including the affidavit as to service on the adjoining landowners, and the return of the proeessioners, and the surveyor’s plat, a prima facie case is made out. Castleberry v. Parrish, 135 Ga. 527 (3 a) (69 S. E. 817), and cit., Georgia Talc Co. v. Cohutta Talc Co., 140 Ga. 245 (4), 247 (78 S. E. 905).

¶2In the instant case an amendment to the plat and to the return of the proeessioners was allowed without objection. Such an amendment was allowable. Thornton v. Hitchcock, 139 Ga. 749 (78 S. E. 179). The proceedings as amended and as introduced in evidence made out a prima facie case, and the court erred in dismissing the ease. The case of Rawls v. Nowell, 133 Ga. 874 (67 S. E. 187), is distinguished from this ease by its particular facts.

¶3Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.
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