Blalock v. Corpe
108 S.E.2d 715
Ga.
1959
Check Treatment

BLALOCK v. CORPE, Superintendent of Battey State Hospital

20449

Supreme Court of Georgia

Decided May 8, 1959

complained of in the second special ground because it did not state that the improvements were “such as none but an owner would ordinarily make,” which was the language used in

. The charge is almost verbatim with the language used in the Porter case in discussing the improvements contemplated by Code § 37-804; hence there is no merit in this ground. See also
;
.

5. There was evidence of laches, since the jury could have found that the deceased had been in possession under her own claim of right and not by permission from the petitioner, and that the petitioner had made no claim for more than 20 years until after the death of the alleged donor. Hence it was error to fail to charge on the defense of laches, which was raised by both the pleadings and the evidence. The first and fourth special grounds, complaining of the failure to charge on laches, are therefore meritorious.

6. The seventh special ground complains of the testimony of the plaintiff with reference to improvements made on the property. The testimony was given in reference to facts within the knowledge of the plaintiff and was not incompetent as involving transactions with a deceased person. This ground is without merit.

7. For the reasons stated in headnote 5, the court erred in refusing to grant the amended motion for new trial.

Judgment reversed. All the Justices concur.

ARGUED APRIL 14, 1959—DECIDED MAY 8, 1959.

Stephens, Fortson, Bentley & Griffin, for plaintiffs in error.

Larry V. McLeod, contra.

WYATT, Presiding Justice. Notice of the escape from custody of the defendant having been brought to this court by affidavit of the proper officer, and counsel for the defendant having admitted in this court that the defendant has escaped from custody and is now at large, under the authority of many cases of this court, the writ of error must be dismissed. See

, and
.

Writ of error dismissed. All the Justices concur.

SUBMITTED APRIL 14, 1959—DECIDED MAY 8, 1959.

Hugh J. Martin, for plaintiff in error.

Eugene Cook, Attorney-General, Hamilton B. Stephens, Assistant Attorney-General, contra.

DUCKWORTH, C. J. I concur solely because I am bound by the decisions cited in the opinions, which I think are unsound and should be overruled.