112 Ga. 93 | Ga. | 1900
In January, 1868, a deed was made to Shropshire as trustee for his wife, Ann Shropshire, conveying certain land in the City of Rome, Georgia. In 1899 Shropshire, as trustee for his wife, brought an action for damages against the City of Rome, alleging that by reason of certain improvements unsldllfuHy made his land had been damaged. He alleged that he held title to the land as trustee for his wife, but did not set out the deed by which such title was acquired. Upon the trial the jury returned a verdict in his favor. A motion for a new trial was made by the defendant, and overruled by the court. The defendant excepted.
There are several grounds set out in the motion, alleging error in the rulings of the court and in the charge to the jury, but the view we take of the case renders it unnecessary for us to deal with all of them. One of the grounds is that the verdict was contrary to the evidence. It was argued here by counsel for the plaintiff in error that the verdict was contrary to the evidence, because the deed offered to prove title in the plaintiff showed title, not in him, but in his wife; and that the right of action was in the wife and not in the plaintiff, her husband. We think this exception well taken. It has been uniformly held by this court since the case of Sutton v. Aiken, 62 Ga. 733, that a conveyance to a trustee for the benefit of
Judgment reversed.