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FOSTER v. THOMAS

Supreme Court of Georgia.
Apr 23, 1942

BELL, Justice.

1. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line; and where a line has been so established as between coterminous owners, it will be binding upon their respective grantees. Code, ยง 85-1602; Osteen v. Wynn, 131 Ga. 209 (4) ( 62 S.E. 37, 127 Am. St. R. 212).

2. The evidence in this case demanded a finding that the line claimed by the defendant had been established by such acquiescence as between him and a coterminous owner under whom the plaintiff held; and such being the case, the court did not err in directing the verdict in favor of the defendant. Compare Brown v. Hester, 169 Ga. 410 ( 150 S.E. 556); Sikes v. Mutual Benefit Life Insurance Co., 182 Ga. 858 ( 187 S.E. 61).

Judgment affirmed. All the Justices concur.

No. 14074. APRIL 23, 1942.