71 Ga. 240 | Ga. | 1884
This was a proceeding to condemn a certain lot in the city of Atlanta, belonging to Mrs. Mims for life, and at her death to her children, for the use of the plaintiff in error, under its charter. Mrs. Mims, being dissatisfied, appealed from the award of the assessors to the superior court, in accordance with the act of 1881. Upon the trial of the case, it was shown that Mrs. Ford, the mother of Mrs. Mims, was the original owner of the land, that she conveyed the same to Mrs. Mims for life, and at her death, to her children (she had one child, which was a minor); also, that Mrs. Ford had opened an alley-way along the whole breadth of the lot conveyed to Mrs. Mims, which lot was improved. The evidence showing the value of this lot ranged from $2,-500.00 to $5,000.00; various estimates were placed upon the alley-way, from three to eight hundred dollars. The jury returned a verdict for three-fourths of the alley-way for three hundred and twenty-two dollars and seventy-five cents, and for the house and lot three thousand seven hundred and sixty-five dollars and forty-one cents.
The railroad company moved for a new trial upon the grounds :
(1.) That the verdict is contrary to law and evidence.
(2.) Because the court erred in refusing to charge the jury, as requested by plaintiff in error, “ If you find from the evidence, Mrs. Ford owned a certain tract of land, and divided it up into lots, and opened the alley in dispute seven years ago before October 13th, 1881, and permitted the
(3.) Because the court erred in charging the jury that the husband of Mrs. Mims could not bind her without her express' consent or authority, or unless she expressly ratified what he did.
This was no error, but entirely proper. The value of the property was in question, and the true solution of the question was what was desired.
Judgment affirmed.