When a watercourse is one of the boundary lines of a tract of land and its course has been changed by nature or by man so that its present channel cuts off a part of the land, the processioners and the surveyor shall certify the fact; and the plat of the surveyor shall plainly mark the original and present channels and shall designate the exact quantity of land so cut off. (Laws 1818, Cobb’s 1851 Digest, p. 719; Code 1863, § 2361; Code 1868, § 2358; Code 1873, § 2393; Code 1882, § 2393; Civil Code 1895, § 3252; Civil Code 1910, § 3826; Code 1933, § 85-1608.)
Cited in Anthony v. Wright, 76 Ga. App. 425, 46 S.E.2d 194 (1948).
miniums and Cooperative Apartments, § 45 et seq. 51 Am. Jur. 2d, Liens, § 52 et seq. 55 Am. Jur. 2d, Mortgages, § 552 et seq.
CJ.S. — 53 CJ.S., Liens, §§ 1 et seq., 26,
division line previously submerged by action of water, 41 ALR 395.
Sufficiency of description in standing timber deed or contract, 35 ALR2d 1422.
44. 59 CJ.S., Mortgages, §§ 616 et seq., 769 et seq.
44-4-9, Adjoining landowner’s protest; trial of case in superior court; scope of verdict and judgment.
Any owner of adjoining lands who is dissatisfied with the lines run and marked by the processioners and the surveyor may file his protest to their findings with the judge of the probate court within 30 days after the processioners have filed their returns and shall specify in his protest the lines objected to and the true lines as claimed by him. Upon the filing of a protest, it shall be the duty of the judge of the probate court to return all the papers, including the plat made by the surveyor, and the protest to the clerk of the superior court of the county or counties where the disputed land lies; and copies shall be sent to the adjoining counties. The clerk shall
enter the protest on the issue docket to be tried in the same manner and under the same rules as other cases. The verdict of the jury and the judgment of the superior court shall be framed to meet the issue tried and decided; provided, however, it shall not be necessary to run any lines between adjoining landowners except the lines in dispute. (Orig. Code 1863, § 2358; Code 1868, § 2355; Code 1873, § 2390; Code 1882, § 2390; Civil Code 1895, § 3249; Ga. L. 1901, p. 39, § 1; Civil Code 1910, § 3823; Code 1933, § 85-1609; Ga. L. 1982, p. 3, § 44.)
General Consideration