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Foster v. Thomas

Supreme Court of Georgia1942-04-23No. No. 14074
193 Ga. 823

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Bell, Justice.

1. Acquiescence for seven years by acts or declarations of" adjoining landowners shall establish a dividing line; and where a line has been so established as between coterminous owners, it will be binding upon their respective grantees. Code, § 85-1602; Osteen v. Wynn, 131 Ga. 209 (4) (62 S. E. 37, 127 Am. St. R. 212).

2. The evidence in this case demanded a finding that the line claimed by the defendant had been established by such acquiescence as between him and a coterminous owner under whom the plaintiff held; and such being the ease, the court did not err in directing the verdict in favor of the defendant. Compare Brown v. Hester, 169 Ga. 410 (150 S. E. 556); Sikes v. Mutual Benefit Life Insurance Co., 182 Ga. 858 (187 S. E. 61).

Judgment affirmed.

All the Justices concur.