102 Ga. 72 | Ga. | 1897
We find but little to add to the headnotes in this case. The defendant sought to set up an equity against the legal title of the testator. He was in possession of a part of a mutilated bond for titles. There was sufficient in it to show that the plaintiff’s testator had executed such bond, taking therefor certain promissory notes; that the notes were given as-part purchase-money for the lot of land, and the bond for titles was an obligation of the testator to make titles upon the payment of the notes. There was evidence that these papers had come into the hands of the defendant in due course of trade and for a valuable consideration. Inasmuch as the defendant based his right upon a perfect equity, that is to say, the payment of' the purchase-money for the land, the portion of the bond for titles which he held and these promissory notes were relevant testimony in his favor, as going to show to the jury, in connection with other evidence submitted, that he had paid the sum stipulated in the notes. It is no objection to the admissibility of the bond for titles that it appeared to have been executed by an agent of the obligor. It was, under other tes--» timony, admissible without proof of the authority of the agent,.
Judgment affirmed.
