82 Ga. 46 | Ga. | 1889
A. P. Carreker, as the administrator of the estate of Mrs. E. M. Wimberly, brought suit in Talbot superior court against T. N. Gibson, to recover damages arising from the breach of two bonds for titles to land, made by Gibson to his intestate, Mrs. Wimberly, in her lifetime. It appears from the testimony in the case that, on the 26th day of November, 1877, Gibson sold to Mrs. Wimberly eighty-two acres of land in and adjoining the village of Centreville in said county, for the price of $500. All of the purchase money was paid except $187.15, for which Mrs. Wimberly gave her note, and at the same time Gibson gave her his bond for titles in the sum of one thousand dollars, conditioned to make her titles to the land upon the payment of the note of $187.15. Gibson brought suit on this note and recovered judgment at the September term, 1879, for the principal, interest and cost, which judgment remained unpaid at the date of the death of Mrs. Wimberly in March, 1880. On the 3d of February, 1880, Mrs. Wimberly, desiring to obtain supplies from Gibson to run her farm for that year, made and delivered to Gibson a note for $300, and to secure the payment of the same, executed and delivered to him a deed to one hundred acres of land known as the east half of the-Johnson lot adjoining the land previously purchased by her from Gibson. At the same date, Gibson executed and delivered to her his bond for titles in the sum of $600, conditioned to make her quit-claim title to said land when she should pay the note for $300. In about one month thereafter, Mrs. Wimberly died, having taken up only about $30 worth of supplies on the $300 note.
After the death of Mrs. Wimberly, her husband and nine minor children remained upon the farm and ran the
In 1882, Gibson purchased an execution against A. P. Wimberly, who was the husband of Mrs. E. M. Wimberly, which had been sued out against A. P. Wimberly by Saulsbury, Respess & Co. in the year 1876, for about $1,000 principal and interest, Gibson paying therefor about $100. In order to secure its payment to him by A. P. Wimberly, Gibson agreed to and did execute to said A. P. Wimberly deeds to both tracts of land, to wit, the 82 acres which Mrs. Wimberly purchased from him in 1877, and the 100 acres which she had deeded to him in 1880 to secure the $300 note for supplies, and at the same time that Gibson conveyed, Wimberly made a deed to one E. N. Stanley, who furnished the money with which to pay off the Saulsbury, Respess & Co. execution which Gibson held against Wimberly; and it is alleged that, at the same time, Gibson got pay a second time for the judgment of $187.15 and interest which he recovered against Mrs. Wimberly in her lifetime.
In February, 1885, A. P. Carreker, who was the public administrator of the county, was duly appointed and qualified as administrator on the estate of Mrs. E. M. Wimberly, and took charge of her estate including the lands before mentioned. A. P. Wimberly having failed to pay Stanley the money borrowed, the latter had brought suit in the United States court and recovered
Under the charge of the' court, the jury returned a verdict for the plaintifi for $1,420, with interest from March 7th, 1888. The defendant made a motion for a new trial on the several grounds set out therein, which motion was overruled by the court, and he excepted.
Judgment reversed.