DUNCAN v. FRYE., 236 Ga. 351, 223 S.E.2.d 712
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Summary
Judgment affirmed. All the Justices concur.
Summary
Judgment affirmed. All the Justices concur.
Text
Fredericks, Jones & Wilbur, Jimmy W. Jones, for appellee.S. M. Landress, A. L. Crawley for appellant.
The appellant Duncan sold a portion of a tract of land to Frye. Thereafter, a dispute arose as to the location of the line dividing such tracts and the present litigation ensued. The trial court, hearing all issues without the intervention of a jury, rendered a decree in accordance with the contentions of Frye. Thereafter, Duncan's motion for new trial was overruled and the present appeal filed. The only issue presented by the appeal is whether or not the evidence authorized the finding of the trial court.
The trial court held that the hand-drawn plat showed what Duncan intended to convey. As to the road frontage the trial court decreed that the distance called for should be run in reverse from the adjoining property owner since there was no iron pin or other monument placed at the line dividing the property sold and that retained by the appellant. Under such circumstances, where only one monument is referred to, it is proper to reverse the measurement in order to locate the other corner. Simmons Creek Coal Co. v. Doran, 142 U. S. 417 (12 SC 239, 35 LE 1063) (1892).
The above holdings of the trial court slow no error, and the judgment and decree of the trial court being authorized by the evidence must be affirmed.
1975
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