14 S.E.2d 715 | Ga. | 1941
When in a land-registration case the examiner ruled that his preliminary report disclosing record title in the applicant was not admissible in evidence for the purpose of showing title, and, the original deeds not having been introduced, concluded in his final report that the applicant, having failed to show title, was not entitled to have the land registered, and to these rulings the applicant filed exceptions which the judge overruled, and, in accordance with the examiner's report, entered judgment denying registration, and the applicant sued out a writ of error to this court, assigning error in the bill of exceptions on the overruling of his exceptions to the report of the examiner and on the final judgment denying registration, and this court reversed the judgment, holding that the preliminary report of the examiner constituted prima facie evidence of title, the proper procedure upon the remittitur being made the judgment of the lower court was to remand the case to the examiner for a de novo investigation. Accordingly, the court erred in denying a motion to this effect, and in entering a judgment granting registration of the land.
In Holton v. Lankford,
Reversed. All the Justicesconcur.