112 Ga. 111 | Ga. | 1900
This was an action of ejectment by G. D. Lay as administrator on the estate of Joseph George, deceased, against G. W. Sheppard. The defendant in his original answer set up the defense of title by prescription, and thereafter filed an amendment in which he alleged that he had purchased theland in good faith from one F. J. Bacon and had placed thereon divers improvements, the value of which was stated. In this connection the defendant prayed that in the event the legal title to the premises in dispute should be found to be in the plaintiff, the defendant might be allowed compensation for such improvements, in accordance with the provisions of the act of December 21, 1897, declaring it the right of “ defendants in actions for the recovery of land held bona fide under adverse claim of title to set off the value of permanent improvements bona fide placed thereon,” etc. See Acts of 1897, p. 79. It appeared from the allegations of this amendment that all of the improvements therein mentioned were made before the passage of this statute. The plaintiff demurred to the amendment, on the ground that the act relied on was unconstitutional, and that accordingly no valid defense could be predicated thereon. The demurrer was overruled, and the case proceeded to trial. The plaintiff introduced in evidence a duly certified copy of a plat and grant from the State to Joseph George, covering the land sued for, and then offered a document purporting to be a certified copy of letters of administration granted by the court of ordinary of Jackson county to the plaintiff upon George’s estate. The certificate was in the following words: “ Georgia, Jackson County. I, L. Y. Bradbury, Ordinary in and for said county, hereby certify that the above is a true extract from the records of this office. Given-under my hand and official signature, this 11th day of Jan., 1900. L. Y. Brad
Judgment affirmed.