46 Ga. App. 744 | Ga. Ct. App. | 1933
This case comes to this court on exceptions to the overruling and dismissing of a petition for certiorari from the municipal court of Atlanta to the superior court of Fulton county. It has appeared in this court before (41 Ga. App. 627, 154 S. E. 213), and, by certiorari, in the Supreme Court (173 Ga. 323, 160 S. E. 345). The Supreme Court held: “The presumption arising from seven years absence of a person from his accustomed place of abode, unheard from, raises not only a presumption of death, but also a presumption of death at the end of the seven-year period, in the absence of proof to the contrary.” The question as to what date was the end of the seven-year period, therefore, becomes of vital importance in the present case, in order to show whether or not suit was entered on the insurance policy within twelve months from the date of the death of the insured. The plaintiff, Dora Gantt, the beneficiary of the insurance 'policy, was the sole witness in the case. She testified, in substance, as follows: “My nephew (the insured) left Atlanta longer than 10 or 12 years ago. I haven’t heard a word from him directly in 15 or 16 years. He went to Pittsburgh and was married. I heard from him regularly for a while, but this was discontinued a number of years ago. I learned of his disappearance a long time ago. About 8 or 9 or 10 years ago I heard he was dead. His wife was still investigating to ascertain whether he was alive or dead 6 or 7 years ago. She has since married.” The petition alleged that the insured disappeared, the exact time being unknown, but being a period of at least “a year prior to seven years prior to February 10, 1928,” and further alleged that the 10th day of Februarjq 1928, was the date on which the insured became deceased.
Judgment reversed.
