For Your Data One K Guild Of Georgia V. Metropolis Of Thomasville Instance Brief

Grand Lodge of Georgia v. City of Thomasville representative brief summary
226 Ga. iv (1970)

CASE SYNOPSIS

Defendant grantee appealed from a judgment of the Thomas Superior Court (Georgia), which granted plaintiff grantors' motion for judgment on the pleadings to the extent of allowing recovery of the province that was the dependent acre of the minute activeness that sought legal title. The lawsuit courtroom had denied the grantee's motion for judgment on the pleadings.

CASE FACTS
The grantors filed an activeness to recover the province upon legal title, alleging that they had acquired the belongings past times described valid deed, as well as that deeds of gift from them purporting to select championship to the grantee were void for the argue that neither the county nor the metropolis had legal authorisation to compass the belongings away.

DISCUSSION

On appeal from judgment on the pleadings inward favor of the grantors, the courtroom affirmed inward usage as well as reversed inward part.
The courtroom held that it was proper to deny judgment on the pleadings to the grantee, however, an upshot of fact equally to the grantors' prior possession required a trial.
Accordingly, it was fault to grant judgment on the pleadings to the grantors.
The courtroom noted that the deed nether which the grantors claimed championship was void for indefiniteness of description.
Accordingly, the grantors had to demonstrate superior championship to that of the grantee past times argue of having been inward possession of the province prior to making the deed to him, pursuant to Ga. Code Ann. § 33-102.
The grantee's deed from the county as well as metropolis were invalid because they had no authorisation to brand the deed of gift.
The grantee could non claim adverse possession because that did non operate against populace property.

CONCLUSION
The courtroom affirmed the lawsuit court's companionship denying the grantee judgment on the pleadings inward the grantors' activeness seeking championship to the land. The courtroom reversed the companionship that granted judgment on the pleadings to the grantors as well as directed that lawsuit live on had.

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