Mattox v. Bryan

• Decision Date: 30 November 1855
• Docket Number: No. 35.,35.
• Citation: 19 Ga. 157
• Parties: Elijah Mattox, plaintiff in error. vs. M. J. Bryan,defendant in error.
• Court: Georgia Supreme Court

19 Ga. 157

Elijah Mattox, plaintiff in error. vs. M. J. Bryan, defendant in error.

No. 35.

Supreme Court of the State of Georgia

NOVEMBER TERM, 1855.

Ejectment, in Clinch Superior Court. Tried before Judge Love, June Term, 1855.

This action was brought by Elijah Mattox, against M. J. Bryan, for the recovery of lots 574 and 575, in 13th district, of Appling County, originally. On the trial he offered in evidence grants from the State to him, to the lots aforesaid, and the following testimony:

Lucius C. Mattox: Proved that he knew lots Nos. 574 and 575, and that he knew that they were in the 13th district of Clinch County; that he knows that the defendant was certainly in the possession of the southern part of one, to wit: No. 575; and he believed that he was in possession of the southern part of No. 574; he could not say precisely how much he was in possession, but he thought about one hundred acres; that he had traced and found the southern line of both lots, and found the corner. The stations and lines were distinctly marked, and corresponded with the lines on the plots of the grants; and he knows that the defendant was in possession of a portion of the said lots when this suit was instituted and served on him. In tracing the lines, witness saw marks on trees considerably to the north of the southern line of the grants, and it might have been a line; but witness does not know what line. I am son of plaintiff, and the lines were seen by my father, as testified by me. He was not county surveyor.

John J. Mattox: Proved that he had traced the lines around both the lots, and found them to correspond to the lines of the plots; witness found the southern corners, and traced the southern line through both lots, and knows that defendant is in possession of the southern portion of said lots;thinks about one hundred acres, and was in possession when this suit was instituted and served; knows that both lots are in Clinch County, and in the 13th district; witness found no other station on the southern line of the lots, but the corner stations. I am son of the plaintiff.

Isham F. Johnson: Proved that he assisted the plaintiff in running the southern lines of both lots, and found the corners and the southern lines of both lots, and found them to correspond to the lines of the plots to the grants. The lines were distinctly to be seen. Both lots are in Clinch County. Witness saw no station tree, in tracing the lines. I am brother-in-law to plaintiff.

The plaintiff here closed, and the defendant introduced Robert Brown, who proved that he was the surveyor of Columbia County, Florida, and that he surveyed for the defendant the northern line of Florida, as run by the United States surveyor, Hodson, and found that the possessions of the defendant were about three hundred yards south of that line; he had a plot of his survey, which was read in evidence to the Jury. He said that the northern line of his plot was the Florida and Georgia line, as claimed by Florida, and that defendant's possessions were below that line. He said he knew nothing about the lines of the plots to the grants, whether they were above or below his line; nor did he know whether the defendant was or not in possession of any of the land included within the said grants.

Joseph Fletcher: Proved that he was with Mr. Brown when he made his survey, and that the line, as marked by him, is the line that is considered the Florida line by the citizens of Florida; and that defendant's possessions are about three hundred yards to the south of that line. He said that he knew nothing about the lines of the plots attached to the grants, and did not know whether the defendant was or not in possession of any of the land included in said grants. He knew nothing about the plaintiff's land.

Josiah D. Clinton: Proved that he was present at the survey by Mr. Brown, and that the defendant's possessionwas about three hundred yards to the south of the Florida and Georgia line, as run by Mr. Brown; he said he knew nothing about the lines to plaintiff\'s grants, and did not know whether the defendant was in possession of any of the land included within said grants or not. Knew nothing about plaintiff\'s land. Brown, Clinton and Fletcher each swore that they did not see any line running across the line surveyed by Brown, though they did not...