Summary
The Supreme Court of Georgia affirmed a superior court judgment quieting title to a disputed 25.09-acre parcel in favor of the appellees. The court held that the appellees' deed was sufficiently definite when read with extrinsic evidence and that the appellant failed to establish adverse possession through actual possession, tax payments, or recorded deeds alone.
Holdings
- The 1968 deed in appellees' chain of title was sufficiently definite because it contained identifying keys that, with the use of extrinsic evidence, established the boundaries of the conveyed property; appellees therefore held title to the disputed parcel.
- Appellant failed to prove actual adverse possession of the disputed property and therefore could not acquire prescriptive title.
Questions Presented
- Whether the deed in appellees' chain of title described the disputed parcel with sufficient certainty to convey valid title.
- Whether appellant proved title by adverse possession or prescription through its alleged possession, tax payments, and recorded deeds.
Disposition
affirmed
Cases Cited (7)
- Cooley v. McRae, 275 Ga. 435, 569 S.E.2d 845 (2002)(followed)
- Head v. Lee, 203 Ga. 191(2)(b), 45 S.E.2d 666 (1947)(followed)
- Crawford v. Simpson, 279 Ga. 280, 281, 612 S.E.2d 783 (2005)(followed)
- Fitzpatrick v. Massee-Felton Lumber Co., 188 Ga. 80, 86, 3 S.E.2d 91 (1939)(followed)
- Brown v. Williams, 259 Ga. 6(2), 375 S.E.2d 835 (1989)(followed)
- Gordon v. Georgia Kraft Company, 217 Ga. 500(8), 123 S.E.2d 540 (1962)(followed)
- Holloway v. Woods, 195 Ga. 55(1), 23 S.E.2d 254 (1942)(followed)
Cited In (0)
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Court Document
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