Smith v. Morgan
| Decision Date | 22 March 1966 |
| Docket Number | No. 23387,23387 |
| Citation | 222 Ga. 7,148 S.E.2d 385 |
| Parties | Joseph H. SMITH et al. v. Pauline MORGAN et al. |
| Court | Georgia Supreme Court |
Ralph U. Bacon, Statesboro, for appellants.
C. L. Purvis, W. Roscoff Deal, Pembroke, Brannen, Clark & Hester, Perry Brannen, Savannah, for appellees.
Syllabus Opinion by the Court
Counsel for the plaintiffs and the defendants admitted in argument before this court that the plaintiffs own the lands on their side and the defendants own the lands on their side up to the true and correct dividing line between their adjoining lands, and that the sole issue for determination in this case is the true and correct dividing line between the lands of the plaintiffs and the lands of the defendants in each and all of the disputed areas. The Court of Appeals and not this court has jurisdiction of cases involving the location of disputed land lines. Ledford v. Hill, 206 Ga. 304, 57 S.E.2d 77; Whaley v. Ellis, 209 Ga. 147, 71 S.E.2d 209; Lively v. Thompson, 209 Ga. 425, 73 S.E.2d 90; Mote v. Seitz, 219 Ga. 208, 209, 132 S.E.2d 79.
Transferred to the Court of Appeals.
All the Justices concur.
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Thomas v. Douglas, 64959
...Defendant (appellant) admits that the Supreme Court case of Colley v. Dillon, 247 Ga. 4, 273 S.E.2d 606, which quotes from Smith v. Morgan, 222 Ga. 7, 148 S.E.2d 385, controls, that is, that this is a land line dispute and does not involve title to the land (although originally the plaintif......
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Collins v. Lyon, Lyon & Co.
... ... Littleton v. Patton, 112 Ga. 438(4), 37 S.E. 755; Fleetwood v. Eibb, 113 Ga. 618 (3), 38 S.E. 980. And in Smith v. Smith, 135 Ga. 582, 69 S.E. 1110 and in Bickerstaff v. Turner, 188 Ga. 37, 39, 2 S.E.2d 643, this court held [222 Ga. 7] that a motion to recommit ... ...
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Colley v. Dillon, 36835
..."The Court of Appeals and not this court has jurisdiction of cases involving the location of disputed land lines." Smith v. Morgan, 222 Ga. 7, 148 S.E.2d 385 (1966) and Transferred to the Court of Appeals. All the Justices concur, except GREGORY, J., not participating. ...