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Pace v. Turner

The Supreme Court declined to disturb the trial court's ruling in a quiet title action, since the parties recognized that there was some evidence to support the decision.

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The respective families of Aldine Pace and Ralph Edward Turner1 each claimed to own the same twenty-two acre tract of land in Washington County. Pace filed a quiet title action pursuant to OCGA § 23-3-60, and, following a hearing before a Special Master on October 29, 2008, the Special Master determined that Pace owned only four of the twenty-two acres that she sought. The matter was then appealed to the Superior Court, and, following a bench trial, the Superior Court determined that the Special Master’s ruling was correct and supported by the evidence. Following the denial of her motion for new trial, Pace appeals, and, for the reasons that follow, we affirm.

The gravamen of Pace’s argument on appeal is that the trial court’s ruling was contrary to the weight of the evidence presented, not that there was “no” evidence to support the trial court’s ruling. In this regard,

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