62 Ga. 332 | Ga. | 1879
This was a bill filed by the complainant against the defendants to obtain the possession of certain real estate in the city of Atlanta therein described, upon the allegations contained in said bill. On the trial of the case, the jury, under the evidence and charge of the court, found a verdict for the complainant. The defendants made a motion for a new trial on the grounds therein stated, which was overruled, and the defendants excepted.
The complainant claims title to the premises in dispute under a deed executed by Peter Huge on the 10th of February, 1871, by which the said Peter Huge conveyed the said premises to Catharine Oelrich during her natural life, and at her death to such child or children as she may have by her present husband, Peter Oelrich; and if she should die leaving no child or children by her present husband surviving her, then the title to vest in her said husband, Peter Oelrich; and if the said Peter Oelrich should die before his said wife, and the said Catharine should die leaving no child or children surviving her, then the title to vest m the next of kin of said Peter Oelrich. The complainant claims the premises sued for as the next of kin of Peter Oelrich, the said Peter having died on the 24th of January, 1877, without child or children, leaving his wife, Catharine, surviving him, who, on the 24th of March, 1877, also died, leaving no child or children.
In view of the facts as disclosed by the evidence in the record, there was no error in overruling the defendants’ motion for a new trial.
Let the judgment of the court below be affirmed.