Blackmon v. Burt

• Decision Date: 23 May 1896
• Citation: 99 Ga. 118,24 S.E. 974
• Parties: BLACKMON. v. BURT.
• Court: Georgia Supreme Court

24 S.E. 974

99 Ga. 118

BLACKMON.

v.BURT.

Supreme Court of Georgia.

May 23, 1896.

Ejectment—Evidence—New Trial.

This being an action of ejectment, and the plaintiff having shown a complete title to the premises in dispute, and the defendant having failed to establish by evidence satisfactory to the jury the prescriptive title relied on as a defense, and there being no errors of law complained of, this court will not overrule the discretion of the trial judge in refusing to grant a new trial.

(Syllabus by the Court.)

Error from superior court, Haralson county; C. C. Smith, Judge.

The following is the official report:

Mary J. Burt sued Edmond Blackmon in ejectment for lot No. 990 in the twentieth district and third section of originally Cherokee, now Haralson, county. She obtained a verdict for the premises, and, defendant's motion for a new trial on the general grounds alone being overruled, he excepted, and brings error. Affirmed.

Plaintiff put in evidence the plat and grant from the state to Joseph McKee, dated June 15th, 1850. Also certified copy of the will of Joseph McKee, with power therein to convey the land, and letters testamentary to his wife, Ann J. Also deed from the executrix to plaintiff. Defendant put in evidence deed from S. J. Carroll to defendant, dated January 12, 1881. Defendant testified: "I am in possession of the land. Took possession right after the purchase under this deed, in 1881. Tom Carroll was in possession when I bought, living on it in a little log house, and had between a half and three-quarters of an acre cleared. I have cultivated that pretty well all the time for three or four years, and then put a family of people in there, and they stayed some three or four— I don't know hardly how long, but I have had it in possession all the while, nearly all of it under fence, and since cleared more. Some three or four or five acres cleared now on the place. I had under fence about the full lot. I suppose I bought the property like any other man would, because I wanted it, and I bought it in good faith, and thought I was getting a genuine title. I was buying from a man I thought would not handle anything else but good titles, —Tom Carroll and his wife. The deed is from Tom Carroll and his wife. I never knew of her dealing in lands before that. Hadn't known her very long. I suppose Carroll had been dealing in lands. Think he signed the deed, but don't say positively. Really don't know for certain whether I bought from his wife. The house was near the center of the lot I added a very little to the patch the next year. I cleared about three years later on. Nobody lived in the house in 1881, and I don't think there was anybody in 1882 or 1883. [The suit was brought May 9, 1889.] I am not positive, but my recollection is, Mr. Williams' folks stayed there in 1884, and they lived there in 1885. I think they stayed there three years. I don't know that any one was in it in 1887, but would not be positive of it It never had been vacant until it rotted down. I have had some...