163 Ga. 250 | Ga. | 1926
Mrs. Zenobia Hester brought ejectment against Mary E. Harrison, Demeris Brown, and Ethel Brunet. The declaration contains two demises; one in the name of Ed Holmes, the other in the name of Zenobia Hester. Mrs. M. E. Harrison was the wife of L. E.' Harrison, who was the defendant in the case of Hester v. Harrison, 156 Ga. 240 (119 S. E. 392). The jury trying the case returned a verdict in favor of the plaintiff. Defendants made a motion for now trial, which was overruled, and they excepted.
The rulings made in the first two headnotes require no further elaboration.
The remaining ground of the motion for new trial not disposed of by the rulings made in headnotes one and two contains exception to the ruling of the court in the admission in evidence of a suit in ejectment for the land involved in this ease, brought by Mrs. Zenobia Hester against L. 15. Harrison, and a verdict and decree therein in favor of the plaintiff in that case, who is also the plaintiff in the present case. The evidence was objected to upon the ground that it was irrelevant in this case, and that the judgment in the case of Hester v. Harrison, supra, could not be binding upon the defendants in this case. We are of the opinion that this evidence should have been repelled upon the objection made. If it had been shown that Mrs. M. .15. Harrison, the wife of L. E. Harrison, had been served or notified of the pending action, then
Judgment reversed.