150 Ga. 106 | Ga. | 1920
(After stating the foregoing facts.) We are of the opinion that under all the evidence in the case the issues involved should have been submitted to the jury with proper instructions, and the jury should have decided whether or not under the pleadings and the evidence the plaintiff was entitled to a verdict for at least a part of the relief sought. One of the plaintiff’s prayers was that the court decree the title to the land to be in the plaintiff, and another was for specific performance. If $3,000 of the plaintiff’s money, as she contends, was used •' to
The defendants in error contend that under the evidence, if petitioner was ever entitled to a deed conveying the property to her, or if there ever existed a resulting trust in her favor, she is now barred by laches from recovering. They point out that in her testimony in one place she says that nine years ago she demanded a deed of Jim Gillespie, and that he refused to give it; but it does not appear that he denied she had the beneficial interest in the property; and there is other language used in the testimony from which it might be inferred that subsequently to the time when Jim refused to execute the deed she had insisted in conversation with him that the property was hers; and besides, she testified positively that she had been in possession of the property all the time, and that Jim lived there with her. In the opening sentence in her testimony it is true she used the expression that her son “is in possession of some land that I am in possession of,” referring to the property in controversy. But elsewhere in the testimony, although she stated that Jim Gillespie was
Reversed.