167 Ga. 498 | Ga. | 1928
Mrs. Minnie M. Goss and others brought their equitable action against T. T. Brannon as administrator of James T. Brannon, to recover a certain tract of land. The plaintiffs are heirs at law of Millie L. Brannon, wife of James T. Brannon, the latter being the intestate of the defendant administrator. The defendant relied upon a prescriptive title based upon seven years possession under a deed to James T. Brannon, the intestate, from his wife. Ethie L. Brannon, one of the plaintiffs, is the widow of Harley Brannon, the son of the intestate and his wife, Millie Brannon; and H. G. Brannon, the other plaintiff, is the son of Harley Brannon. At the conclusion of the evidence the court directed a verdict for the defendant, and the plaintiffs excepted
Hpon the trial the defendant introduced in evidence a warranty deed from Martha J. Eagan and Millie L. Brannon to James T. Brannon. Martha Eagan was the mother of Millie L. Brannon and the widow of G. W. Eagan, a former owner of the land, who died leaving his wife and his daughter, Millie Eagan, afterwards Millie Brannon, as his only heirs. G. W. Fagan died seized and possessed of the land in controversy. It is admitted that Martha Fagan and her daughter, Millie, divided the land equally between them, by which division Millie became the owner of lot 529 and the west half of lot 561; that after that division Millie Brannon and her husband, James T. Brannon, went into possession of the land in controversy and occupied it and resided thereon until Mrs. Millie Brannon’s death in August, 1899; and that James T. Bran-non, defendant’s intestate, continued to occupy the land in controversy until his death, November 26, 1925. Mrs. Goss, one of the plaintiffs, testified in part as follows: “My father was in control of the place until he died. I reckon he had a right to control it. He stayed at it as his home. He lived there because it was his and Ma’s together while she was living. I left my father in possession of it when I left there. My brother left Pa in possession when he left there. I never surrendered my claim to it to anybody; not that I know. I don’t know whether my brother Harley ever surrendered his claim to it.” The plaintiffs contend that the deed from Millie Brannon to her husband, James T.
On the trial, when Mrs. Goss, one of the plaintiffs, was being examined as a witness in their behalf, this question was
Under the pleadings and the facts in the case the court properly directed a verdict for the defendant.
Judgment affirmed.