84 Ga. 313 | Ga. | 1890
1. The averments in the amendment to the declaration were, that the indebtedness of Davenport was to Oscar Thomason, and that Oscar entered into a written contract whereby he agreed that he would become the purchaser of the land, etc.; and that under this agreement the sheriff’s sale was had. The written agreement mentioned in the evidence was not by Oscar, but P. R. Thomason, and the debt embraced in the contents of the agreement was not from Davenport to Oscar, as alleged in the amendment to the declaration, but from
2. This action was defended by Henderson as trustee for the property of R. U. Thomason. It seems to us, as it did to the court below, that the record of a suit for land not embraced in the present action, brought by P. R. Thomason, trustee of Usher and Florence Thomason, minor children of Oscar Thomason, deceased, against Mrs. Davenport, one of the plaintiffs in this action, was wholly irrelevant. That suit resulted in no
There was no error in refusing a new trial.
Judgment affirmed.