147 Ga. 55 | Ga. | 1917
Hugh H. Gordon Jr., as administrator de bonis non cum testamento annexo, brought suit against L. S. Bleckley and others as tenants in possession of a certain lot of land consisting of 490 acres, and on the trial put in evidence a certiorari copy of the grant from the State of Georgia to 'his testator, covering the land in controversy, and letters testamentary, _ etc. Defendants averred that they and those under whom they claim have been “in quiet, peaceable, continuous, adverse, undisturbed, notorious possession of the land or premises sued for in said case, in good faith under color of title, for more than seven years prior to the bringing of plaintiff’s said action.” In support of their claim of title the defendants introduced in evidence a certified copy of a deed from the sheriff of Rabun county to Jasper S. Bleckley, dated May 9, 1884, purporting to convey the lot of land in controversy, in which it was recited that it was “wild and unimproved land subject to taxation, and not having been returned fox taxes, nor the tax thereon paid for the year 1883.” It further recited that the tax-collector issued execution against the lot of wild land in controversy, for the State and county taxes due thereon, and that by virtue thereof the sheriff levied on and seized the same, and after due advertisement did, on the first Tuesday in May, 1884, expose it at public outcry before the court-house door within the legal hours of sale, and it was knocked off to Jasper S. Bleckley the highest bidder, for $37. A bond for title was introduced, from Jasper S. Bleckley to J. C. Kimball, dated September 12, 1903, recorded September 16, 1903, describing the land in controversy; and a deed from J. C. Kimball and wife to Ransom-Lomax Lumber Company, dated April 28, 1909, and recorded May 12, 1909, describing the same land. The jury returned a verdict for the defendants. A motion for a new trial was overruled, and the plaintiff excepted.
Judgment reversed.
All the Justices concur.