93 Ga. 295 | Ga. | 1893
Judgment affirmed.
The widow and sole heir of Mark Gorman sued to recover of the heirs of James Gorman certain land situated in Glascock county. The court granted a non-suit, and afterwards overruled a motion to reinstate the case, and the plaintiff excepted. The following appears from the evidence: In September, 1859, a suit for damages was pending against Mark Gorman, and his brother •James proposed that Mark convey the land in question to him so that it could not be sold in the event of a recovery by the plaintiff in that suit. Mark thereupon made to James a deed to the land, reciting a consideration of $1,000; but no money was paid. On February 20th, 1861, judgment was rendered against Mark Gorman in the suit mentioned, for $124.50; and the execution docket shows an entry that on March 1st, 1866, Mark paid $109. Walden, who was one of the subscribing witnesses to the deed, testified that after Mark paid the judgment off, he asked James a good many times to give him back his papers, and James refused, but said he would give them to Maria, Mark’s then wife. John Gorman, a brother of Mark and James, testified that Mark owed James $40 on a debt contracted before the war, and in 1867 or 1868 Mark wanted his deed back, and James refused to give it back unless Mark
The plaintiff brought suit against the defendants for the same cause of action, to the August term, 1888, of Glascock superior court, and dismissed that suit at the February term, 1890. The present action was commenced on September 30th, 1890.