151 Ga. 531 | Ga. | 1921
This case was formerly before this court. Canady v. Jones, 149 Ga. 607 (101 S. E. 582). It was then held: “Under the pleadings and the evidence in an action of ejectment the plaintiff’s right to a recovery was limited to the second demise. It appeared that the defendant and the plaintiff’s lessor in that demise each derived his title from a common propositus. It also appeared from the plaintiff’s evidence that the defendant had been in open, notorious, and continuous possession under color of title for more than the statutory period of prescription, but there was some evidence tending to impeach the good faith of the defendant’s possession. Held, that under the circumstances it was erroneous to direct a verdict for the defendant.” On the trial of the present case, at the conclusion of plaintiff’s evidence the court awarded a nonsuit, and to this judgment the plaintiff excepted. Both parties in the present case claim title from a common grantor. It appears from the evidence that in September, 1878, Madison Warren conveyed the land in controversy to Solomon and Martha Canady for a consideration of $1,000, and the deed was recorded on December 9, 1912. In September,' 1882, E. L. Cowart, as administrator of Solomon Canady, sold and conveyed the land to Algerene Youmans. Youmans entered into possession of the land, and on his death G. M. T. Whitfield and N. E. Youmans, as administrators of Algerene Youmans, sold the land at public outcry to Allen Jones, and conveyed 'it by deed, September 2, 1884: and J ones went into possession of the land and held possession from that time until he died, and from that date subsequently to the present time his administrator has held possession. Canady, the plaintiff in the present case, Alarms title from Martha Canady by warranty deed dated March 28, 1881, purporting to convey the premises in dispute. The deed was recorded on December 9, 1912. The evidence shows that the
Applying the foregoing principles to the evidence in this case, the court did not err in granting a nonsuit. '
Judgment affirmed.