134 Ga. 603 | Ga. | 1910
R. M. Gudger and John Hampton brought an action in trespass against the Alaculsy Lumber Company, to recover damages occasioned by the cutting and removal of certain
“Georgia, Murray County. By W. E. Loughridge, Tax-Collector of said county. To all and singular constables of said county. Greeting: You are hereby commanded that of lot of land 290 27th district and second section you cause to be made the sum of thirty cents, the amount of tax due the State of Georgia and county for the year 1883 by reason of the non-payment thereof as aforesaid, as appears to me from the tax returns, and the sum of fifty cents, the costs and charges incurred by the said delinquent in consequence of the non-payment of the taxes as aforesaid. Fail not. This the first day of September, 1884. W. E. Loughridge, Tax-Collector.”
The fi. fa. and deed were objected to when offered in evidence upon the ground that the fi. fa. was not'issued in the terms of the statute, in that it contained no recital that the land was unreturned for taxes, that it was wild land and unimproved, and that the owner was unknown. The court charged the jury that under the record evidence the plaintiff was entitled to recover the actual value of the tanbark and timber which the defendants had cut and carried away from the lot of land in dispute. The court was requested to charge, “That unless the plaintiffs show actual possession of the land in dispute, that is to say, possessio pedis, or actual legal title, then you should not find any amount of damages against the- defendant.” This request was refused. At the trial the plaintiff prevailed; and in the motion for new trial the defendant complains of the admission in evidence of the tax deed, the instruction of the court, and the refusal to give its written request in charge. A new trial was refused, and the defendant excepts.
Judgment reversed.