Appellees Charles and Betty Tolliver brought a petition for ejectment and writ of possession against Paul Jackson. At issue was the ownership of four tracts of land in Murray County, Georgia. A jury returned a verdict in favor of the Tollivers, and judgment was entered vesting them with fee simple title to all the land in issue. Jackson’s subsequent motion for new trial was denied. On appeal, Jackson accepts the jury’s verdict as to Tracts 1 and 2, but asserts that he is entitled to a new trial because the evidence demands a finding that he acquired prescriptive title to Tract 3, and that a boundary line was established in his favor by acquiescence as to Tract 4. For the reasons which follow, we affirm. The Tollivers established their chain of title as follows: Betty Tolliver’s father, William L. Hawkins, Jr., acquired record ownership of Tracts 3 and 4 by deed in 1951.1 In 1980, Hawkins granted the Tollivers an option to purchase an estimated 80 to 100 acres, which included Tracts 3 and 4; the option was recorded contemporaneously. In 1996 the Tollivers consummated the purchase from Hawkins, and they received and recorded a deed which included Tracts 3 and 4. Upon receiving the deed, the Tollivers had the lands surveyed and a plat was prepared which reflects that Tracts 3 and 4 were included in the bounds of the property they purchased from Hawkins. The Tollivers paid taxes on the property for more than 20 years.
In 1965 Jackson purchased 154 acres, which included Tract 2, but expressly excluded Tracts 1 and 3. Jackson testified that in 1967, he and Hawkins entered into an oral agreement whereby Jackson would swap Tract 2 in exchange for Tracts 1 and 3. This purported swap was neither memorialized by a signed agreement nor was it recorded. Jackson also testified that he installed a fence which served as a boundary line, and it was his understanding that he would own property to the west of the fence and Hawkins would own land to the east. Jackson claimed that he went into immediate possession of land to the west of the fence, including Tracts 1 and 3, and Hawkins went into immediate possession of lands east, including Tract 2. A jury determined that the Tollivers acquired title to Tracts 1, 3, and 4 through conveyances to them by Hawkins, and that they acquired prescriptive title to Tract 2.2
