Peeples v. Wilson

• Decision Date: 26 September 1913
• Citation: 140 Ga. 610,79 S.E. 466
• Parties: PEEPLES et al. v. WILSON.
• Court: Georgia Supreme Court

79 S.E. 466

(140 Ga. 610)

PEEPLES et al.

v.WILSON.

Supreme Court of Georgia.

Sept. 26, 1913.

(Syllabus by the Court.)

1. Appeal and ErroR (§ 1052^*)—Rulings on Evidence—Prejudice.

By Civil Code 1910, § 4212, it is declared: "If the original deed be lost, a copy from the registry, if duly recorded, shall be admitted in evidence whenever the court is satisfied of the fact of loss or destruction; and to this fact the party may be a witness."

(a) No question as to the correctness of the record being involved, it is not proper, over objection, to admit the original record to show the contents of a lost deed; but the admission of such record will not require a new trial, where a certified copy of the record was subsequently introduced in evidence during the trial.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4171-4177; Dec. Dig. § 1052.*]

2. Adverse Possession (§ 79*)—Color of Title—Sheriff's Deed.

A sheriff's deed to land, executed to one who purchases at a tax sale, though not accompanied by the tax fi. fa. under which the land was sold, is good as color of title. Beverly v. Burke, 14 Ga. 70; Burkhalter v. Edwards, 16 Ga. 593 (2), 596, 60 Am. Dec. 744; Hester v. Coats, 22 Ga. 56 (1), 58; Sutton v. McLoud, 26 Ga. 638 (2); Hammond v. Crosby, 68 Ga. 767 (1); Wade v. Garrett, 109 Ga. 270, 34 S. E. 572.

[Ed. Note.—For other cases, see Adverse Possession, Cent. Dig. §§ 459-462; Dec. Dig. § 79.*]

3. Appeal and Error (§ 1041*)—Pleadings —Amendments—Harmless Error.

Even if an amendment to the plaintiff's petition, praying that the defendant be required to bring his title deeds under which he claimed the land in controversy into court to be surren-dered and canceled, ought not to have been allowed, its allowance was not error requiring a reversal, where the jury did not find in favor of such cancellation, and the court did not decree that the deeds be canceled.

[Ed. Note.—For other cases,-see Appeal and Error, Cent. Dig. §§ 4106-4109; Dec. Dig. § 1041.*]

4. Assignments or Error—Evidence—Verdict.

The other assignments of error are without merit, the evidence required a verdict for the plaintiff, and the court did not err in refusing a new trial.

Error from Superior Court, Murray County; A. W. Fite, Judge.

Action between William Peeples and others and W. B. Wilson. Judgment for the latter, and the former bring error. Affirmed.

C. N. King and W. W. Sampler, both of Spring Place, for plaintiffs in error.

Maddox, McCamy & Shumate, of Dalton, and R. N. Steed, of Spring Place, for defendant in error.

HILL, J. Judgment affirmed. All the Justices concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes