153 Ga. 665 | Ga. | 1922
The suit was brought by J. 0. Gary as executor of the will of Lucretia C. Elliott, deceased, against L. W. Elliott, to cancel a deed made by the testatrix to the defendant to certain realty, and for the recovery of the same and mesne profits. The grounds alleged for cancellation are mental incapacity of the testatrix to execute the deed, and that she was induced by undue influence to make the same. There was a verdict for the plaintiff; and defendant’s motion for a new trial being overruled, he excepted.
3. A ground of a motion for new trial that the verdict is cntrary to a specified instruction of the court amounts merely to a complaint that the verdict is contrary to law and the evidence, and is covered by the usual general grounds of the motion. Brannan v. McWilliams, 146 Ga. 528 (91 S. E. 772); 3 Stevens I. D. Ga. R. 2766, “Verdict Contrary to Charge.”
The second assignment of error is, that, “ if the court deemed a charge on undue influence necessary'-, he'should have followed the charge given with the further instruction that they [the jury] must look to the evidence and ascertain if any act or acts constituting undue influence had been proved, and then determine what effect, if any, such acts, if any, had upon the making of said deed.” Neither is this assignment meritorious, as the rule is that it is not a good assignment of error upon a correct instruction that the court failed to give some other pertinent and correct instruction in connection therewith. Barnes v. State, 113 Ga. 189 (38 S. E. 396); Bowden v. State, 151 Ga. 336 (4) (106 S. E. 575); 1 Stevens I. D. Ga. R. 398, “ Additional Instruction.”
Judgment affirmed.