152 Ga. 625 | Ga. | 1922
Mrs. Mary Mention and her three minor children by her deceased husband, John Ryals, who was the son of James Ryals, brought ejectment to recover certain land against C. V. Bell. The plaintiffs based their suit upon the claim that James Ryals, the father, had given the property in question to his son, John ' '
The court charged the jury, in part, as follows: “I have been requested to charge, and do charge this proposition: I charge you that if you should find by a preponderance of evidence that Jim Eyals made a gift of the lands involved in this controversy to his son, John Eyals, and that Jim Eyals placed his son John Eyals in possession of the lands involved in this controversy under such gift, and that John Eyals went into possession and made valuable improvements thereon, I charge you that this would convey to John Eyals a perfect title, and you would find for the plaintiff on the question of the land.” This was excepted to upon the ground that the facts and circumstances recited in the charge would not create a perfect title, even if the jury should find from the evidence that they were true as alleged, This exception points out a material error in the charge. For even if James Eyals made a parol gift of the lands involved in the eonr troversy to his son John, and John went into possession of the lands under such parol gift and made valuable improvements thereon, that would not convey to John Eyals “a perfect title” and such as would enable him to recover in this action of ejectment. It might entitle him, in a proper suit with all, proper parties, to a decree for specific performance, and such decree
The other portion of the charge excepted to was substantially correct. It was substantially a restatement of the' provisions of section 4151 of the Civil Code, but omitted the reference to nonpayment of rent by the alleged donee, which should have been embraced in the charge.
The other exceptions to the rulings of the court show no ground for reversal of the judgment denying a new trial.
Judgment reversed.