133 Ga. 456 | Ga. | 1909
Elvira E. Black, late of Lowndes county, died seized and possessed of a certain tract of land, which her administrator, O. M. Smith, was proceeding to sell. E. M. Humphreys filed a claim to a specified portion of the land, and the papers were duly returned to the superior court of Lowndes county for trial. In the superior court Humphreys filed an equitable amendment in aid of his claim, wherein he alleged in substance that the intestate, in consideration of certain services rendered by him to her, had put him in possession of the land described in the claim, that he had erected valuable improvements thereon, and that the intestate had died without making him a deed, notwithstanding she promised and intended to do so. The trial of the case resulted in a verdict for the administrator, which the court refused to vacate on motion for a new trial. The bill of exceptions complains of this ruling.
Judgment reversed.