141 Ga. 371 | Ga. | 1914
Certain plaintiffs, describing themselves as heirs at law of Martha Canady, brought an action of complaint for land against Allen Jones. The defendant denied every allegation of the petition, except that he was in possession of the land.' On the trial the plaintiffs introduced three deeds, produced in court by the defendant under- notice. One of these was from Madison Warren to Solomon Canady and Martha Canady, purporting to convey 652 acres of land described therein. The second was from the administrator of Solomon Canady to Algerene Youmans, purporting to convey 652 acres of described land. The third was from the administrators of Algerene Youmans to the defendant, purporting to convey 652 acres of land as described. In the notice to produce the deeds were specifically described, and no reference was made to them as covering the land in dispute or as constituting the defendant’s muniments of title. Proof was submitted that Martha Canady was dead, and that no administration had been granted upon her estate. Upon this testimony the court granted a nonsuit. It is recited in the bill of exceptions that the nonsuit was granted “upon .the ground that plaintiffs had failed to show that their ancestor, Martha Canady, died in possession of the lands in question,” though the order granting the nonsuit is general.
Counsel for the plaintiffs in. his argument admits that there was no proof that the ancestor died in possession of the locus in quo, but contends that the evidence made out a prima facie case in the
Judgment affirmed.