Woods v. Flanders, 10869.

• Decision Date: 12 July 1935
• Docket Number: No. 10869.,10869.
• Citation: 180 Ga. 835,181 S.E. 83
• Parties: WOODS et al. v. FLANDERS.
• Court: Georgia Supreme Court

180 Ga. 835

181 S.E. 83

WOODS et al.

v.FLANDERS.

No. 10869.

Supreme Court of Georgia.

July 12, 1935.

Rehearing Denied Aug. 10, 1935.

Error from Superior Court, Emanuel County; R. N. Hardeman, Judge.

Petition by Daisy Woods and others against Edwin Flanders. To review a judgment dismissing the petition on demurrer, plaintiffs bring error.

Affirmed.

Alfred Herrington, Jr., of Swainsboro, for plaintiffs in error.

J. Alex Smith & Son, of Swainsboro, for defendant in error.

BELL, Justice.

Mrs. Daisy Woods and ten others, as heirs at law of H. R. Williamson, deceased, filed a complaint for land against Edwin Flanders, alleging they and the defendant claimed under a common source of title, the plaintiffs under Williamson by inheritance, and the defendant under a deed executed by Williamson to D. B. Durden, president of the Millen & Southwestern Railroad, and mesne conveyances to the defendant. The petition alleged that the tract sued for is a part of that described in the Williamson deed, but that the deed conveyed only an easement for railroad purposes, and that the land is no longer used for such purposes; also that the description was so vague and indefinite as to render the deed void as a conveyance of title. The deed was as follows: "State of Georgia, Emanuel County. This indenture, made and entered into the 6th day of August in the year of our Lord one thousand nine hundred and three, between H. R. Williamson of the County of Emanuel and State of Georgia, of the first part, and D. B. Durden, president Millen and Southwestern Railroad, a corporation under the laws of Georgia, with main office in the County of Emanuel and State of Georgia, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar ($1.00) in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, convey, and confirm unto the said party of the second part, their successors and assigns, all the following described property to wit: 'A strip of land entirely through the lands of H. R. Williamson in the town of Horace, this day located on the Millen and Southwestern Railroad, 160 feet wide, being 80 feet from the center of the railroad-track on each side, and 30 feet in addition on the west side of said railroad through block 5, 6, 7, and 8 in the plan of said town "West;" said railroad to leave an alley of 30 feet on the...