78 Ga. 1 | Ga. | 1886
This was an action of ejectment brought by plaintiff in error, as trustee for Mrs. Martha W. Glower, to recover a certain parcel of land in the city of Athens, against the defendant. Plaintiff relied upon a deed made by Asbury Hull, and John Billups, on the 30th day of June, 1855, to Thomas R. R. Oobb, as trustee for Martha W. Clower, to the premises in dispute, for the sole and separate use of said Martha W. Glower during her natural life, free from the control or debts of her present or future husband, and at her death to convey the same to any person whomsoever the said Martha Glower may, by deed or will ot other proper writing, appoint, and on failure to appoint, to be equally divided between the children of the said Martha
The defendant relied on a sheriff’s deed, dated 3d day of July, 1877, which recited that the premises in dispute were sold by the sheriff to defendant, under a tax execution, on the 2d day of June, 1877, said execution issued by the tax collector of Clarke county, 10th day of January, 1877, against Mrs. M. Clower, for the sum of fifteen dollars and twenty cents, and adverse possession thereunder for more than seven years before the commencement of plaintiff’s action, which action was commenced January 9th, 1885. The plaintiff offered to introduce a record showing that an action had been brought by the same plaintiff against the same defendant to recover the same premises, which had been dismissed by the plaintiff for more than six months before the present action was brought, which the court rejected. The plaintiff proved that the premises were worth $2,500.00, and could have been divided into three lots or parcels, each of which was worth more than enough to have paid the executions against Mrs. Clower.
The plaintiff in error contends:
(1) That the execution being against Mrs. Clower for taxes, the same was improperly admitted, because it was not against the land.
(2) That the court erred in rejecting the record of the former suit between these parties, offered in evidence.
Judgment reversed.