Fort Mountain Container Corp. v. Keith, 275 Ga. 210

Summary

The Supreme Court of Georgia affirmed an award of fee simple title to a disputed strip of land to the Keiths in a quiet-title action. The court held that Fort Mountain failed to establish an easement based on a subdivision plat, and that evidence supported finding the strip was included in the lease and that the Keiths acquired title by adverse possession. The court also held that Fort Mountain waived its challenge concerning the chain of title by failing to raise it before the factfinder.

Holdings

1. Fort Mountain could not prevail on its claimed subdivision-plat easement because it failed to place the alleged plat into evidence and therefore failed to establish the factual premises of its argument.
2. A tenant's use of property may inure to the landlord's benefit when the lease expressly or impliedly includes the disputed easement or strip; the evidence supported the special master's finding that the strip was impliedly included in Fort Mountain's lease.
3. Fort Mountain waived appellate review of its argument that the Keiths failed to establish a sufficiently ancient chain of title because it did not raise that issue until its amended motion for new trial.

Questions Presented

1. Whether Fort Mountain established an easement in the strip based on an alleged subdivision plat showing the strip as a public road.
2. Whether Fort Mountain's use of the strip under its lease inured to the benefit of the Keiths and their predecessors for purposes of adverse possession.
3. Whether Fort Mountain preserved its challenge to the sufficiency of the Keiths' chain of title for appellate review.

Disposition

affirmed