The Ga. Pac. Ry. Co. v. Strickland

• Decision Date: 31 March 1888
• Citation: The Ga. Pac. Ry. Co. v. Strickland, 6 S.E. 27, 80 Ga. 776 (Ga. 1888)
• Parties: The Georgia Pacific Railway Company. vs. Strickland.
• Court: Georgia Supreme Court

80 Ga. 776

The Georgia Pacific Railway Company. vs. Strickland.

Supreme Court of the State of Georgia

MARCH TERM, 1888.

Evidence. Bond for title. Deeds. Estoppel. Prescription. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1887.

On June 30, 1885, W. P. Strickland brought complaintfor land against the Georgia Pacific Railway Company, the land being described in the action as land occupied by the railroad track and right of way of said company in the town of Douglasville, and part of lot of land number 16 in the 1st district and 5th section of Douglas county. Attached was an abstract of title as follows: (1) "Deed from Young Vanzant to W. P. Strickland, covering the premises in dispute, and possession under said deed."

(2) "Bond for title from Young Vanzant to W. P. Strickland, covering the premises sued for, and possession of the same under said bond prior to the making of said deed, dated the day of 1870." The defendant pleaded not guilty, and seven years' possession under color of title.

On the trial, it appeared by oral testimony that, in 1870 or 1871 (certainly before his deed to the Georgia Western Railroad Company), Vanzant had given bond for title to the premises in dispute to the plaintiff and that the latter had entered into possession, having, for several years after the making of the bond, a little house on the premises. It was shown that this bond was conditioned to make title provided the county site was located upon or adjacent to the land in question, and that it was so located. The original bond for title was not produced, and it was shown by the maker that he did not know where it was and never made search for it. This seems to have been the only proof made of such loss; and the court admitted parol testimony as to the paper's contents. A deed was made from Vanzant to the plaintiff on the 1st of April, 1873, covering the premises, but not reciting or referring to the bond for titles.

It further appeared that, in December, 1871, Vanzant conveyed a right of way to the Georgia Western Railroad Company through the land in dispute and other lands, the deed being witnessed by T. J. Flake and the present plaintiff. Flake was shown to have been an agent of the railroad company for the purpose of procuring rights of way; and it was further shown, that in an interview with Van-zant, Flake and the plaintiff, prior to the making of the last mentioned deed, Flake was notified that the land was held under bond for title from Vanzant to plaintiff, and that Vanzant did not undertake to convey to the company the right of way as to that part. The deed to the railroad company was recorded on April 29th, 1873, prior to that to the plaintiff, which was not recorded until 1887. It further appeared that, in 1871, Vanzant conveyed to the county authorities of Douglas county 40 acres of land adjacent to that in dispute, upon which or part of which the town of Douglasville was located; that two of the county commissioners deeded a right of way through a portion of this land to the Georgia Western Railroad Company on November 12, 1873, and a deed confirmatory of this was made by four of the county commissioners to the Georgia Pacific Railway Company on January 21, 1SS4, this company being the successor to (by purchase at sheriffs sale and otherwise), and using, the franchise and privileges of the Georgia Western company; that in 1873 or 1874, the Georgia Western railroad was graded through the land in dispute, a deep cut being made which ran almost under the house already mentioned; and that in 1881, the track of the Georgia Pacific company was laid along this way through the cut, and about that time the house was removed by order of the company, it claiming...