131 Ga. 342 | Ga. | 1908
1. An assignment of error in a motion for a new trial, complaining of the admission or rejection of evidence, is not valid when such evidence is not literally or in substance set forth in the motion or attached thereto as an exhibit.
2. Upon the trial of a complaint for land, evidence of a declaration made by the defendant, while in possession thereof, that the purchase by him of the dower interest therein made his title to such land complete, as he had previously acquired and then owned the reversionary interest, was inadmissible in his behalf, where no question as to prescriptive title or adverse possession was involved.
3. Under the facts of this case, the defendant was not a competent witness to testify that the deceased grantor of the plaintiff executed, in her capacity as executrix of an estate, a deed to the defendant to the land for which suit was brought.
4. The court charged the jury as follows: “I charge you that in this case there is no evidence contradicting the testimony of Mrs. Carter,
5. The application in the name of the defendant that he be appointed guardian of the property in question, as the property of the grantor of the plaintiff, and the order of the ordinary appointing him as such guardian, and an order of the ordinary authorizing him, as such guardian, to rent such property, were admissible in evidence, under the facts of this case; and the court committed no error in giving'the charge complained of, relative to estopp.el as arising by reason of such application and orders.
6. Under the facts of this case, it was error to charge the jury that if they should find for the defendant, the form of their verdict would be, “We, the jury, find the land sued for to be the land of the defendant.”
7. Where a testator, who held property belonging to some of his children under a trust deed, directed, in his will, that all of this property and his property be equally divided between his widow and all of his children, and that if any child owning an interest in the property under the trust deed should take such interest thereunder, the property belonging to the testator’s estate be so divided that such child should receive nothing from Ms estate until each child not owning any property under the trust deed should receive from, his estate an amount equal to that received by such child under the trust deed, and directed that as each of his children became of age one share be assigned to such child, and that in doing so an allowance be made for the education of those under age, in addition to an equal share; and where there was evidence that all except the youngest of the legatees received from the estate all that they would be entitled to if a proper distribution had been made according to the provisions of the will, and that the only property left was the reversionary interest in land in which the widow had taken dower, which interest was no more than such youngest legatee would be entitled to if such distribution had been made: Held, that if such reversionary interest was not assigned to her by the executors, or by the court, or conveyed to her by the other legatees, and she had never been in possession of such land, the grantee of the youngest legatee, by reason of such proof alone, even though the qxecutors were dead and many years had elapsed since the death of the testator, could
9. The form of action in this case was a statutory complaint for land.
10. Under the facts of this ease, the charge of the court relative to presumption of assent on the part of the executors was inapplicable.
Judgment reversed.