lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
WALLER et al. v. STATE-HIGHWAY DEPARTMENT.
21885.
HEAD, Presiding Justice.
Injunction. Johnson Superior Court. Before Judge Ward.
1. The testimony of one of the defendants shows that he did not examine the deed records to ascertain the width of the highway, nor did he procure anyone to examine such records. An examination of the recorded deed of the State would have revealed the line of the defendants' property. A duly recorded deed is constructive notice of the grantee's interest and title. "Constructive notice is notice to the world." Clark v, C. T. H. Corp., 181 Ga. 710 (1) (184 SE 592); Poore v. Poore, 210 Ga. 371, 372 (80 SE2d 294).
2. The defendant is not entitled to prevail upon his testimony that an employee of the State Highway Department measured off forty feet from the center line of the highway and advised him that he might construct his house on such measurement. No officer, agent, or employee of the State or the Highway Department is authorized to erroneously represent the State's ownership of land and bind the State by such misrepresentation. Code 89-903; McCallum v. Almand, 213 Ga. 701 (100 SE2d 924). The State can be estopped from asserting its title to its property only by legislative enactment or resolution. Alexander v. State, 56 Ga. 478 (7); Booth v. State, 131 Ga. 750 (3) (63 SE 502); Standard Oil Co. of Kentucky v. State Revenue Commission, 179 Ga. 371, 376 (176 SE 1).
3. Under the ruling in Davidson v. State Highway Dept. of Ga., 213 Ga. 599 (100 SE2d 439), the judgment of the court in the present case does not violate the rule prohibiting mandatory injunctions.
The State Highway Department filed its petition against I. R. Waller and Mary Waller seeking to temporarily restrain and permanently enjoin the defendants from maintaining a portion of their dwelling on State Route 31 (U. S. 319). Attached as Exhibit "A" to the petition was a duly certified copy of the deed under which the petitioner acquired its right of way at the point of the alleged trespass. In addition to the description of the land conveyed, the petitioner's deed recites that the right of way is 100 feet wide or a distance of 50 feet from the center line on each side, The petitioner's deed was dated June 13, 1933, filed for record on June 15, 1933, and duly recorded. The defendants acquired title to their land on January 16, 1939.
Mr. Inman Waller testified that: He built his house in January, 1939. He consulted Mr. Bill Maddox, the maintenance supervisor, as to where to locate his home. Mr. Maddox measured off 40 feet from the center line of the highway "and told me I could put the corner of the house at that point." He has lived in the house since 1939, and no one questioned his possession until 1961, when a representative of the Highway Department informed him that his house was on the highway right of way and would have to be moved back.
At the conclusion of the hearing the trial judge entered a judgment restraining and enjoining the defendants from maintaining a portion of their dwelling upon the right of way of the petitioner. The defendants' exception is to this judgment.
Eugene Cook, Attorney General, Carter Goode, Assistant Attorney General, W. C. Brinson, contra.
Emory L. Rowland, for plaintiffs in error.
SUBMITTED JANUARY 14, 1963 -- DECIDED FEBRUARY 7, 1963.
Friday May 22 22:34 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com