Nix v. Collins

• Decision Date: 28 February 1880
• Parties: Nix. v. Collins.
• Court: Georgia Supreme Court

65 Ga. 219

Nix. v. Collins.

Supreme Court of the State of Georgia

(February Term, 1880.)

Ejectment. Estoppel. Before Judge Speer. Campbell Superior Court. August Term, 1879.

Collins brought complaint for land against Nix. The tract consisted of parts of three land lots in Campbell county, viz: Half of land lot 78, half of lot 46, and one acre of lot 19. The chain of title relied on as to the last two parts of lots was as follows: Deed from James Gibson to Duncan Worthan, dated October 16th, 1847; deed from B. W. Cochran to W. S. Zellars, dated January 14th, 1871; deed from W. S. Zellars to plaintiff, dated March 10th, 1873. As to the part of lot 78, the claim was this: Deed from J. S. Cook to J. W. Thomas and W. P. Davis, dated September 23d, 1869; deed from Thomas and Davis to Levi Ballard, dated December 26th, 1870; deed from Ballard to plaintiff, dated March 10th, 1873.

Plaintiff insisted that defendant was estopped from denyinghis title, because he had induced plaintiff to take it, the transaction being virtually a loan to defendant and a taking of title for him by plaintiff until the payment of money loaned by plaintiff to obtain it and to pay off certain fi. fas.; also because defendant told plaintiff that the title came through Cochran and Ballard, and were good.

The jury found for the plaintiff. Defendant moved for a new trial, which was refused, and he excepted.

John S Bigby; L. S. Roan; Jas. T. Spence; H. C. Peeples, for plaintiff in error.

Thomas W. Latham, for defendant.

WARNER, Chief Justice.*

The plaintiff brought his action against the defendant in the statutory form to recover the possession of certain lands therein described. On the trial of the case the jury found a verdict for the plaintiff for the premises in dispute. A motion was made for a new trial on the grounds therein stated, which was overruled, and the defendant excepted.

1. It appears from the evidence in the record, that the plaintiff offered in evidence a deed from Gibson to Worthan, and a deed from Cochran to Zellars, and a deed from Zellars to Collins, the plaintiff, as evidence of his legal title to the land sued for, and the question is whether the plaintiff showed such a legal title to the land in himself as would entitle him under the law to recover the possession of it from the defendant? In our judgment he did not, inasmuch as the plaintiff was bound to recover upon the strength of his own title, and not upon the weakness of the defendant's title.

2. It was...