138 Ga. 123 | Ga. | 1912
Grants were issued by the State of Georgia to Farrish Carter, to lots of land 76, 77, 83, and 84 in the 15th district of originally Early county, on July 16, 1842. On the same day Farrish Carter conveyed by deed to Kerr Boyce certain lots of land described as follows: “those tracts or parcels of land being in the county of Baker, formerly Early county, as follows: in the 15th district, lots 2, 5, 7, 8, 9, 37, 38, 45, 46, 76, 77, 90, 83, 84, 87, 107, 132, 276, 339, 340, 347, 349, each lot containing 250 acres, more or less.” By intermediate deeds lots 76, 77, 83, and 84, in the 15th district of originally Early, now Decatur county, were conveyed to F. M. Stearns, who brought an action of trespass against J. C. McCaskill to recover damages for cutting the timber from these lots of land. On the trial of the case, the defendant objected to the deed from Farrish Carter to Kerr Boyce going in evidence, on the grounds, that it did not convey the property in controversy; that the deed purported to convey land in Baker county, and the lots of land had never been in Baker county, but at the time the deed was executed the lots were in Decatur county. The objection was overruled. A verdict was returned for the plaintiff, and the defendant brings error.
Judgment affirmed.