88 Ga. 191 | Ga. | 1891
Judgment affirmed.
On January 8, 1890, Amanda Davis brought an equitable action against Mrs. J. G. Davis. By. agreement tire case was submitted to the presiding judge, and he held that plaintiff’s right of action was barred by the statute of limitations, to which- decision she excepted. Her petition, alleged that on January 18, 1872, John Davis executed a deed to J. C. Davis to certain land,
The nature of the testimony sufficiently appears from, the petition, except that it appeared that in¡ 1*889', whem a witness wished to buy a part of the land from- J. 0’.. Davis, the latter stated that he would go and see his sister, the plaintiff, and came back and said his- sister would not consent for him to sell the land and said she would wait on him for the money he owed-them, which they had paid on the purchase money of the land. Also, that the deed was delivered to plaintiff in the presence of J. O. Davis, plaintiff and her sister having paid $500 down, and J. C. Davis, plaintiff' and her sister all signed the note to John Davis for the balance of the purchase money, and plaintiff and her sister-were to hold the deed
cited Code, §§2816, 2317, 3196; 7 Ga. 154; 11 Ga. 195.
cited Code, §§2917, 2138, 3809; 83 Ga. 301; 4 Am. St. Rep. 697-8.