112 Ga. 32 | Ga. | 1900
On January 17, 1879, E. E. Bates conveyed to his wife, Jane Bates, for life, with remainder to their son, E. L. Bates, a tract of land. On September 17, 1898, she filed an equitable petition against him and John D. Harris, which, so far as material to the present discussion, may be summarized as follows: At the solicitation of her son, she conveyed to him her life-estate in the land referred to, for the sole purpose of enabling him to secure a loan of money to himself by a conveyance to the lender of a complete title to the property. This he did, and afterwards repaid the loan without reconveying to his mother her life-estate. Instead of so doing, he undertook to convey the land to Harris, who accepted a deed from E. L. Bates with knowledge of the facts above recited, but nevertheless is threatening to turn her out of possession. She prayed that her deed to her son, which had been recorded, be cancelled, that both he and Harris be enjoined from interfering with her possession, and for general relief. E. L. Bates-answered, making no substantial issue with his mother, but alleging various facts as to the transaction between himself and Harris with respect to the land, and praying for specific relief against him in which Mrs. Bates had no concern. Harris filed an answer in which he took issue with the plaintiff as to all material points, but did not therein undertake to reply specifically to the allegations in the answer filed by E. L. Bates. The case came on for a final hearing, and the parties went to trial on the pleadings as they stood, without demurrer or objection on the part of any of them. There was, a general verdict for the defendant Harris. Mrs. Bates and E. L.. Bates each filed a motion for a new trial. Both motions were overruled, and each sued out a separate bib of exceptions.
Judgment in the first case affirmed, and in the second case reversed.