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HAYES v. HOWELL

40038.

251 Ga. 580 (1983)

308 S.E.2d 170

HAYES v. HOWELL et al.

Supreme Court of Georgia.

Decided October 26, 1983.

Attorney(s) appearing for the Case

Hatcher, Irvin & Pressley, Henry M. Hatcher, Jr., for appellant.

Archer & Elsey, Shepherd L. Howell, for appellees.

HILL, Chief Justice.

The Howells bring this action against Hayes for declaratory judgment under OCGA § 44-5-168 (Code Ann. § 85-407.1), claiming ownership by adverse possession of certain mineral and oil rights. The trial court granted the Howells' motion for summary judgment. On appeal, Hayes challenges the constitutionality of OCGA § 44-5-168 (Code Ann. § 85-407.1), first enacted in 1975. Ga. L. 1975, p. 725.

On January 2, 1957, James...

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