Taylor v. Board of Trustees of Glenlock Public School

• Decision Date: 27 November 1937
• Docket Number: 11913.
• Citation: 194 S.E. 169,185 Ga. 61
• Parties: TAYLOR v. BOARD OF TRUSTEES OF GLENLOCK PUBLIC SCHOOL.
• Court: Georgia Supreme Court

194 S.E. 169

185 Ga. 61

TAYLOR v. BOARD OF TRUSTEES OF GLENLOCK PUBLIC SCHOOL.

No. 11913.

Supreme Court of Georgia

November 27, 1937

Error from Superior Court, Heard County; L. B. Wyatt, Judge.

Suit by the Board of Trustees of Glenlock Public School against O. M B. Taylor. To review an adverse judgment, defendant brings error.

Reversed for new trial. Wyatt & Morgan, of La Grange, for plaintiff in error.

J. J Reese and J. L. Smith, both of Carrollton, for defendant in error.

Syllabus OPINION.

GRICE Justice.

1. No matter what the oral agreement was as to where the dividing line between the two properties was to be, it was merged into the subsequent deeds, became functus officio when the deeds were executed, and the rights of the parties are based alone upon the description contained in the deeds. Compare Loftis v. Clay, 164 Ga. 845, 848, 139 S.E. 668; Keiley v. Citizens' Savings Bank & Trust Co., 173 Ga. 11, 16, 159 S.E. 527; Kennedy v. Kennedy, 183 Ga. 432, 440, 188 S.E. 722, 109 A.L.R. 1143.

2. The rule that a parol agreement between owners of coterminuous properties that a certain line is the true dividing line is valid and binding if the agreement is accompanied by possession of the agreed line, or is otherwise duly executed and if the boundary line between the two tracts is indefinite, unascertained, or disputed, has no application to a state of facts in which at the time of the parol agreement there was no disputed line to be agreed upon. Miller v. McGlaun, 63 Ga. 435. The instant case does not deal with an oral agreement between parties who already own adjoining tracts, and who are in disagreement as to the dividing line between them. The parol agreement here involved cannot be binding, because it was not made to settle any dispute with respect to the true line.

3. The only basis for the ruling that such an agreement is not within the statute of...