94 Ga. 477 | Ga. | 1894
Plaintiff, as administratrix cum testamento annexo of Catherine Banks, sued on December 22, 1891, to recover 220 acres of land. The vei’dict was for the defendant. Plaintiff moved on the general grounds for a new trial, and the motion was overruled. It appeared that Catherine Banks had owned the land, and by her will (probated in January, 1888) she devised all her estate to her husband, A. I. Banks, for life, with remainder to plaintiff in the land in dispute. Defendant introduced a deed dated in 1890, to himself from A. I. Banks, conveying the land in dispute. Also, two promissory notes of Berry King for $100 each, dated February 8, 1886, payable to A. I. Banks agent, or bearer, “ for price of land,” due in 1888 and 1889, and indorsed, “Catherine Banks, teste.” Also, a written disclaimer of title in the disputed premises, for herself as administratrix or individually, signed by plaintiff with her mark. Plaintiff testified that, at the time of the last court, one Brown brought her the disclaimer to sign, and read it to her three times; that she did not understand it and refused to sign it, but offered to go with him to town and see somebody about it; and that he refused this and