154 Ga. 789 | Ga. | 1923
(After stating the foregoing facts.)
There is only one special ground of the motion for new trial, and that assigns error on the admission in evidence of a certain letter from a witness introduced by the defendant;, Mrs. Etta Parr, addressed to the plaintiff, as follows: “ Calhoun, Ga. 1920. Dear Aunt Alice: I got a letter from Mamma a short time ago, and she told me that Uncle Ben had run you off; and it makes me so dam mad when I think of it. I know that you helped to work and pay for the place. T am going to get Buck to go with me in sight of Ben’s and get him to get Unie to come out. I will fix her, and she will need a black box. I have talked to Ben and Unie both about the way they were treating you, and they promised me they would treat you right, and they are not doing it. Your niece, Etta Parr.” The error assigned is that the court admitted the letter in evidence over the objection that it was “irrelevant and immaterial.” It is also said, in this ground of the motion, that “movant insists that admission of said letter in evidence was harmful error and prejudicial to his interests; that the letter was irrelevant, immaterial, and hearsay; that it was a private communication from the witness to the plaintiff, and was not shown to have been authorized by the defendant, nor was it shown that he had any knowledge that such letter had been written, and such letter was not in any way contradictory of any testimony the witness had given, and was not admissible on behalf of the plaintiff upon any grounds whatever.” Tt will be observed that the only objection raised to the introduction of the letter on the trial of the case was that it was irrelevant and immaterial. We are of the opinion that the letter was relevant and material; for the witness stated that she knew that the plaintiff helped to work and pay for the place. But it will also be observed that the insistence of the plaintiff in error now, that the letter was prejudicial and was mere hearsay, etc., was not made at the time of the trial and when the letter was offered in evidence. Therefore, these latter objections not having been raised on the trial of the case, and no ruling of the court having been made thereon, so far as the record discloses,
The only other grounds to be considered are the usual general grounds that the verdict is without evidence to support it, etc. While we are of the opinion that the evidence is somewhat meager, we are also of the opinion that it is sufficient to support the verdict in favor of the plaintiff for a recovery of one half of the land sued for. It appears from the evidence that the plaintiff was an illiterate, but a hard-working woman, and that her evidence is in substantial accord with the. allegations of her petition. On the trial of the case she testified, in part, as follows: “ I am Miss Alice Goodnight. I am now 57 years old. I have never been married. I am a sister of B. B. Goodnight. He is my full brother. Back in 1910 or 1909 my brother was a single man. I lived then down here at Mr. Tom Rogers’, with Mr. Rogers. Ben there and my mother lived with me. I did not own a home at that time, and had never owned a home; neither had my brother Ben. About that time Ben and 1 decided to buy a home, and Ben looked at it 25 times I suppose, and came back and told me what grew on it; said it was growed in beggar lice and all such weeds, and that he believed we could pay for it, and I told him I thought we could. I never did go to see it. I had to stay with Mother. It was to be mine and his, and we were to pay for .it by our labor on that place. We had no money. We was to work it out and pay it by raising crops. We had some mules, four mules and two milk cows; that is all we had at that time. 1 am older than Ben. We decided to buy the place from Mr. Coley up there where we did buy, old Grandpa Coley’s place. He contracted for the whole place and sold half of it, he was to give a thousand dollars for the whole lot of land. The part we kept was to cost $500. We paid for it by raising cotton and selling it, what me and him made individually, our own crops. Me and him made those crops, and both my nephews helped, Luther worked two years, and Herschel worked one year. I did the hoeing and picking, during all those years, all but one year. One year I did not work. It was 1913, I think. I worked some that year, but I did very little. I expect seven or eight days in the field that year is all I worked; but the other years
We are of the opinion that, although the evidence was conflicting, it was a question for the jury; and they having found in favor of the plaintiff against the defendant, and there being evidence to support their finding, we will not disturb the judgment refusing a new trial.
The case of Gales v. Stokeley, 151 Ga. 718 (108 S. E. 34), is relied upon as authority to prevent a recovery in the instant case. The headnote in that case is as follows: “ A resulting or implied trust which arises solely from the payment of the purchase-price of land is not created, unless the -purchase-money is paid either before or at the time of the purchase. Trusts implied from the payment of the purchase-money or a part thereof must result, if at all, at the time of the execution of the conveyance, where there is, in obtaining such conveyance, no fraud or concealment to the# injury of the person paying such purchase-money. Hall v. Edwards, 140 Ga. 765 (79 S. E. 852), and authorities cited; and see Houston v. Farley, 146 Ga. 822, 824 (92 S. E. 635).” We think the facts in the Gales case are different from those in the present.
Judgment affirmed.