1. If а plaintiff fails to make out a prima faciе ease, or if, admitting all the facts proved аnd all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit will be granted. Code, § 110-310.
2. The petition being based on the theоry that a conveyance absolute on its face, wherein the plaintiffs’ intestate was grantor, and one of the defendants the grantee, wаs in reality a mere security deed, and that the indebtedness had been paid, so as to reinvest thе legal title in the plaintiffs’ intestate, the burden was in all events on the plaintiffs to make it affirmatively appear that the indebtedness had been paid.
3. Declarations of the grantor, then in possession, but since deceased, tending to show payments by him to the grantee, are mere hearsay, and as such have no probative value.
Eastlick
v.
Southern Ry. Co.,
116
Ga.
48 (
4. The rule that when a plaintiff is entitled to recover for detention of his land, the defendant is liablе, not merely for what he realized in the way of rеnts or profits, but its actual fair rental value, has no application to a mortgagee or holder of a security deed, admitted into possession. In the latter case, he is held acсountable only for the profits actually reсeived, where ordinary diligence is exercised. Powell on Actions for Land, § 419;
Page
v.
Blackshear,
78
Ga.
597 (
5. If a grantee sells аnd conveys property to a third person who takes without notice of an outstanding equity, the purchaser, as against the original grantor, his pеrsonal representative or his heirs at law, will acquire the legal title unaffected by such equity.
Copelin
v.
Williams,
152
Ga.
692 (
6. “The neglect of a party excepting to аn auditor’s report on matters of fact, or on matters of law dependent for their decision upon the evidence, to set forth, in connеction with each exception of law оr of fact, the evidence necessary tо be considered in passing thereon, or to рoint out the same by appropriate rеference, or to attach as exhibits to his exceptions those portions of the evidence relied on to support the excеptions, is a sufficient reason, in an equity easе, for refusing to approve the exceрtions of fact and for overruling the exceрtions of law.”
Smith
v.
Wilkinson,
143
Ga.
741 (2) (
7. Applying the foregoing rulings to the instant record, no error appears in the judgment overruling the exceptions to the report of the auditor, and in approving his report granting a nonsuit and dismissing the case.
Judgment affirmed.