Supreme Court of Georgia, (June 28, 1983)
Docket number: 39626
DECIDED
MCMILLAN, Judge. - DECIDED
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Judgment affirmed. Hill, C. J., Marshall, P. J., Clarke, Gregory and Bell, JJ., concur. Smith and Weltner, JJ., disqualified.

Supreme Court of Georgia - BAKER v. THE STATE., 246 Ga. 317, 271 S.E.2.d 360 (1980)
Supreme Court of Georgia - HAZLIP v. MORRIS et al., 242 Ga. 7, 247 S.E.2.d 747 (1978)
Supreme Court of Georgia - WILLIAMS v. MURRAY., 239 Ga. 276, 236 S.E.2.d 624 (1977)
Supreme Court of Georgia - ANTHONY et al. v. GARRETT., 236 Ga. 485, 224 S.E.2.d 347 (1975)
Supreme Court of Georgia - RUTLAND v. TAYLOR., 232 Ga. 893, 209 S.E.2.d 218 (1974)
Supreme Court of Georgia - PETKAS et al. v. GRIZZARD., 253 Ga. 407, 321 S.E.2.d 323 (1984)
Georgia Court Of Appeals - Locke Et Al. v. v.nalt Et Al., 189 Ga. App. 783, 377 S.E.2d 696 (1989)
Thomas L. Lehman, William U. Norwood III, for appellee.Fred B. Hand, Jr., Jack G. Slover, Jr., J. Patrick Ward, for appellant.
In 1952 Gordon Ponder divided his farm land in Grady County between his two sons. Lester received the northern portion and Junior received the southern portion. The dividing line, as stated in the deeds to both sons, is "the fish pond branch." The problem is that there are two creeks which flow to the fish pond. This has caused the ownership of the triangular-shaped area between the two branches to be in dispute. Unfortunately, it is not possible to read the descriptions in the deeds and determine which of the two creeks was intended to be the true boundary.Lester Ponder filed suit against Junior's widow seeking to enjoin her interference with his possession of the land in dispute. The issues at trial were whether the boundary described in the deed was the southern branch as contended by the plaintiff or the northern branch as contended by the defendant, and if it was determined to be the southern branch, whether the defendant had established title by adverse possession. The jury returned a verdict for the plaintiff.Defendant appeals and enumerates errors, to wit: (1) the trial judge's refusal to direct a verdict in her favor; (2) admission of evidence regarding the conduct of her children toward the plaintiff and his family; (3) the failure to give her requested charge pertaining to title by prescription; and (4) insufficiency of the evidence to authorize the verdict.1. Parol evidence was submitted to the jury indicating that either branch could be the dividing line. Thompson v. Hill,Try vLex for FREE for 3 days
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