82 Ga. 572 | Ga. | 1889
McArthur, surviving partner of McArthur & Griffin, sued Hall upon a promissory note for $150, which note was payable to said firm. The defendant pleaded the general issue, and afterwards offered an amendment to his plea, in substance as follows: that the note sued on was given in part payment for a certain lot of land; that at the time of the purchase of the land, it was expressly stipulated between him and Griffin that Griffin would deliver to him a full chain of titles, Griffin representing to the defendant that he had a full chain of titles to the land, from the State down to himself; that he paid Griffin $250 on the purchase; but that when Griffin came to make the defe dant a deed to the land, the only title he proposed to curn over to the defendant was a sheriff’s deed; that the land had been illegally sold by the sheriff under a ta's.Ji.fa. as wild land; that it was not wild land, having been in cultivation for at least thirty years, as was well-known to the sheriff and to Griffin; that Griffin had failed and refused to give him any additional titles ; and that therefore the consideration of the note had wholly failed. This amendment was disallowed by the court, and the jury returned a verdict for the plaintiff, and the defendant filed his bill of exceptions to the judgment of the court refusing the amendment.
Judgment reversed.