§ 44-4-9 - Adjoining landowner's protest; trial of case in superior court; scope of verdict and judgment
O.C.G.A. 44-4-9 (2010)
44-4-9. Adjoining landowner's protest; trial of case in superior court; scope of verdict and judgment
Any owner of adjoining lands who is dissatisfied with the lines run and marked by the processioners and the surveyor may file his protest to their findings with the judge of the probate court within 30 days after the processioners have filed their returns and shall specify in his protest the lines objected to and the true lines as claimed by him. Upon the filing of a protest, it shall be the duty of the judge of the probate court to return all the papers, including the plat made by the surveyor, and the protest to the clerk of the superior court of the county or counties where the disputed land lies; and copies shall be sent to the adjoining counties. The clerk shall enter the protest on the issue docket to be tried in the same manner and under the same rules as other cases. The verdict of the jury and the judgment of the superior court shall be framed to meet the issue tried and decided; provided, however, it shall not be necessary to run any lines between adjoining landowners except the lines in dispute.