Jones v. Bowen

The recorded plat that was incorporated by reference into plaintiff's warranty deed determined the actual property conveyed to plaintiff, even though the deed also purported to transfer a specific number of acres.

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On September 30, 1999, appellant-plaintiff John Robert Jones filed the underlying three count complaint, as amended, against adjoining property owners, appellees-defendants John R. Bowen, Sue Bowen Hendrix, and R. E. Hendrix, in the Superior Court of Candler County. In Count 1, plaintiff alleged that 16.3 acres were transferred to him by warranty deed, though not a part of the acreage particularly described therein, and asked that a survey be ordered to establish the true boundary line between the parties. Counts 2 and 3 sought temporary and permanent injunctions to restrain defendants from further clearing the disputed property as well as compensatory damages for trespass relative to clearing already accomplished thereon and attorney and punitive damages, respectively. On November 15, 1999, the superior court granted defendants’ motion to dismiss for failure to state a claim upon which relief may be granted and, without objection, granted plaintiff’s motion for substitution of a party, substituting plaintiff, John Robert Jones, for his predecessor in title, All South, Inc. In a single enumeration of error plaintiff appeals the superior court’s order granting defendants’ motion to dismiss for failure to state a claim.1 Held:

The evidence shows that in January 1999 plaintiff purchased two parcels of land from Dorothy R. Zeitower, Lillian R. Stephenson, and Christopher C. Ryals, having in late 1998 employed George William Donaldson, a registered surveyor, to survey the property conveyed. The plat of the property prepared by Mr. Donaldson, dated December 31, 1998 “the 1998 plat”, was recorded in the Candler County Courthouse, Plat Book 8, page 85, and later specifically incorporated by reference in the warranty deed which conveyed the property to the plaintiff in January 1999.

Jones v. Bowen

The recorded plat that was incorporated by reference into plaintiff's warranty deed determined the actual property conveyed to plaintiff, even though the deed also purported to transfer a specific number of acres.

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