155 Ga. 344 | Ga. | 1923
Lead Opinion
This is a complaint for land, brought in the statutory form to recover a portion of a lot in the City of Greensboro. The plaintiff claimed title by inheritance as the sole heir at law of his wife, who was Emma Baugh, and who held under a deed of gift from her father, Phillip Baugh. The defendant claimed under deed from R. L. Caldwell and J. G. Eaust, who had obtained deed from Mrs. A. V. Palmer, the widow and one of the heirs of John C. Palmer, deceased, and to whom all of the children of herself and John C. Palmer had executed a deed. The jury found a verdict in favor of the defendant, and the exception here is to the overruling of a motion for new trial, based only upon the general grounds.
It is well settled, of course, that this court will not undertake to adjudicate or determine contested issues of fact; and since no error of law is assigned, the question in this case resolves itself into a single inquiry, to wit: whether the evidence in favor of the party who prevailed in the lower court is so insufficient as that for lack of evidence the verdict is contrary to law. It is plain from a careful review of the testimony that the only point in controversy is as to the location of a dividing line, each of the
The verdict not being contrary to law either for lack of evidence or because it is contrary to the evidence, the motion for a new trial was properly overruled.
Judgment affirmed.
Concurrence Opinion
I concur in the result, but not in all that is ■said. The exception is to a judgment overruling the plaintiff’s motion for a new trial, based on the usual general grounds. There was sufficient evidence to support the verdict.