Matthews v. Farmer
| Decision Date | 15 December 1922 |
| Docket Number | 3048. |
| Citation | 115 S.E. 77,154 Ga. 623 |
| Parties | MATTHEWS v. FARMER. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where in answer to a complaint for land, instituted by an administratrix, the defendant admits that the plaintiff is the duly qualified administratrix upon her intestate's estate, and where the defendant also admits that the decedent was the true owner of the land in controversy up to the time she made an alleged parol gift to the defendant, and that she derived her title from the predecessor in title of her vendor, through his executor, to another predecessor in title, and from him to the decedent, as set forth in plaintiff's abstract of title in his original petition and amendment, such admission is sufficient to entitle the defendant to the opening and conclusion of the argument on the trial of the case. Civ. Code 1910, § 5746; Reid v Sewell, 111 Ga. 880 (2), 36 S.E. 937, and authorities cited.
In an action for the recovery of land by an administratrix, the defendant who claims the premises under a parol gift by the intestate, accompanied by possession, and the erection upon the land of valuable and permanent improvements, would not be estopped from asserting such title by reason of the fact that subsequently to the gift he witnessed the deed under which such intestate acquired title to the premises; the donor at the time of the gift holding under a bond for title.
The verdict was supported by the evidence.
Error from Superior Court, Cobb County; D. W. Blair, Judge.
Action by Matilda Matthews, administratrix, against William Farmer. Judgment for defendant, and plaintiff brings error. Affirmed.
H. B Moss, of Marietta, for plaintiff in error.
Mozley & Gann, of Marietta, for defendant in error.
Matilda Matthews, administratrix upon the estate of Frances Farmer Williamson, deceased, brought a complaint to recover 37 acres of land described in the petition, against Will Farmer, who was alleged to be in possession of the land. The defendant filed his answer in which he averred that his mother, Frances Farmer Williamson, in her lifetime made a parol gift of the land to him and put him in possession of it; that he remained in possession of the land, claiming it as his own, for more than seven years during the lifetime of his mother, without paying any rent for the same; that after his mother put him in possession he erected valuable and permanent improvements on the land; that...
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Wren v. Wren
...only a prima facie case. Reid v. Sewell, 111 Ga. 880(2), 036 S.E. 937; Norman v. McMillan, 151 Ga. 363(3), 107 S.E. 325; Matthews v. Farmer, 154 Ga. 623(1), 115 S.E. 77; Stiles v. Shedden, 2 Ga.App. 317(1), 320, 58 515. Judgment affirmed. All the Justices concur. ...
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Payne v. Thebaut
...to admit a prima facie case only, and this was done. Stiles v. Shedden, 2 Ga. App. 317, 58 S. E. 515. See, also, Matthews v. Farmer, 154 Ga. 623, 115 S. E. 77. 3. The right to open and close was not lost because the defendant, after the introduction of evidence, varied her claim by an amend......
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