213 Ga. 617 | Ga. | 1957
The sole exception under review is to an order denying a motion for a judgment notwithstanding the verdict, on the trial of a suit by Rosa Lee Goolsby against Frances Middlebrooks et al., wherein the plaintiff sought to restrain the defendants from prosecuting a dispossessory-warrant proceeding, the cancellation of certain deeds, and reasonable attorney’s fees and expenses of litigation. A verdict in the trial court was rendered for the plaintiff.
The plaintiff in her petition asserted that, in May 1951, she was the owner of and in possession of a certain house and lot in Macon, Georgia, and that she had, in 1948, executed a deed to the defendant Middlebrooks to secure an indebtedness of $798, said debt being represented by 72 notes of $15 each, payable monthly. On May 1, 1951, when all of the monthly notes due had been paid to June 1, 1951, and when the plaintiff was preparing to leave the premises covered by the security deed, to serve a twelve-month sentence in a Federal Reformatory for women, it was contracted and agreed between the plaintiff and the defendant Middlebrooks that the plaintiff would store her personal effects in one room of the house; that she would surrender possession of the remainder of the premises to the defendant Middlebrooks, the same having a rental value exceeding $15 per month, which possession the defendant accepted and agreed to rent; that, if the rentals to be received by this defendant were more than sufficient to pay the monthly notes as
There is no exception to the order overruling the general demurrers and certain special demurrers to the petition. We have carefully reviewed the evidence in the present case and, without summarizing it, it is sufficient to say that the plaintiff proved her case as laid in her petition. Under no circumstances did the evidence, with all reasonable deductions or inferences therefrom, demand a verdict in favor of the defendant. Consequently, the court did not err in denying the defendant’s motion for a judgment notwithstanding the verdict. Code § 110-104; Pierpont Mfg. Co. v. Mayor &c. of Savannah, 153 Ga. 455 (112 S. E. 462).
Judgment affirmed.