In 2006, Jonathan Walker and Linda Woods, on behalf of themselves and the similarly situated heirs of Charles Walker, filed a petition against all the world to quiet title to a 3.8679 acre tract known as Lot 19X in the Hog Hammock community on Sapelo Island in McIntosh County. The petitioners collectively “the Walkers” contended that their interests were based either on a lost deed, or on prescriptive title. See Dykes Paving & Constr. Co. v. Hawk’s Landing Homeowners Assn. , 282 Ga. 305 647 SE2d 579 2007. The Sapelo Island Heritage Authority “the Authority” answered, asserting that it held fee simple title to the parcel. The trial court granted the Authority’s motion for summary judgment, and the Walkers appeal. For the reasons that follow, we reverse. 1. The Walkers enumerate as error the trial court’s refusal to grant their “motion to dismiss claims of Sapelo Island Heritage Authority for lack of standing.” The basis for that motion was their contention that the Authority did not produce a chain of title to Lot 19X. However, the Authority produced certified copies of numerous deeds, notably showing that: in 1949, Sapeloe Plantation, Inc., executed a warranty deed conveying all of Sapelo Island to Richard J. Reynolds; in 1963, Reynolds conveyed to American Properties, Inc., all of Sapelo Island, excepting certain tracts; in 1969, American Properties, Inc., executed a quitclaim deed in favor of Annemarie Reynolds for various holdings in McIntosh County, specifically including Sapelo Island; and thereafter, Annemarie Reynolds executed a quitclaim deed in favor of the Sapelo Island Research Foundation, Inc., which executed a warranty deed in favor of the Authority in 2002.
The basis for the Walkers’ assertion that the Authority cannot show title to Lot 19X is the 1963 deed from Richard J. Reynolds to American Properties, Inc., which excepted certain tracts. That deed stated in relevant part that Reynolds was not hereby conveying, certain portions of the above described lands, as follows: . . . 6. PORTIONS OF HOG HAMMOCK SUBDIVISION: All those certain lots or parcels of land, and those certain undivided interests in certain lots or parcels of land, in Hog Hammock Subdivision, owned by persons other than Richard J. Reynolds. The parcels of land and undivided interests in parcels of land owned by Richard J. Reynolds in Hog Hammock Subdivision as of this date and herein conveyed as part of the general description as first herein set out, were conveyed to him by various deeds from time to time and said deeds are of record in the Clerk’s Office, McIntosh Superior Court. The lands and undivided interests in lands in Hog Hammock Subdivision not conveyed to Richard J. Reynolds by said deeds are the properties of other persons and are excepted from this conveyance as first shown above in paragraph numbered 6. Hog Hammock Subdivision contains 434 acres, more or less, and the boundaries are shown and designated on a plat of a survey made by J. E. Brit, Surveyor, in April 1938, to which said plat reference is made for all purposes of identification and description.1 The Walkers assert that there is no deed of record specifically conveying Lot 19X to Reynolds before 1963, and argue that Lot 19X therefore falls under the exception Reynolds set forth in the 1963 deed, and was not conveyed thereby. However, this ignores the fact that one of the deeds Reynolds received “from time to time” was the 1949 deed from Sapeloe Plantation, Inc., conveying all of Sapelo Island, necessarily encompassing Hog Hammock. Accordingly, the Authority asserted a claim of interest in the land adverse to that of the Walkers and had standing to challenge the Walkers’ quiet title action. See OCGA § § 23-3-60 et seq.; Resseau v. Bland , 268 Ga. 634, 635-636 1 491 SE2d 809 1997; Smith v. Ga. Kaolin Co. , 264 Ga. 755, 756 2 449 SE2d 85 1994.
