PIRKLE et al. v. TURNER., 281 Ga. 846

Summary

Upon a review of the claims presented, the court first noted that the neighbors continued to challenge the trial court's finding, previously affirmed by the instant court, that the deeds they relied upon were insufficient as a matter of law, alleging that new facts and evidence were presented at trial that rectified the vagueness in the deeds and would thus have proven the appellants' superior title to the disputed property. However, the finding that the deeds were invalid was binding as the law of the case, and hence, review was precluded. Second, the court properly instructed the jury on the elements of adverse possession as well as the other theories of recovery and defenses thereto. Third, an additional assertion that the verdict form was in the nature of a general as opposed to a special verdict form was waived, as it was not raised at the time the form was presented to the jury. Fourth, absent any evidence of deception on the part of the landowner or his predecessors, the trial ...