125 Ga. 548 | Ga. | 1906
Missouri W. Ogletree, daughter of P. J. Biggers, deceased, filed a complaint for land, to recover her life-interest in the land described in her petition against Joseph W. Livingston, who was one of her two sons by her first husband. She claimed title under a deed from P. J. Biggers, her father, which was dated August 25, 1881, and recorded August 26, 1881. The defendant relied on three defenses: first, that P. J. Biggers, who was his grandfather, gave the land in dispute, by parol gift, to defendant and his brother, T. J. Livingston, jointly, together with another tract of land of equal size, adjoining the land in 'dispute; second, that he owned the land in dispute by reason of a presumptive gift under tire Civil Code, §357-1; third, that he had a prescriptive title by reason .of twenty years possession. The jury found for the plaintiff. The defendant made a motion for a new trial, which the judge granted. The plaintiff excepted to this ruling, taking the position that the evidence demanded the verdict, and that under the pleadings and the evidence no legal verdict could possibly have been rendered except for the plaintiff.
Judgment affirmed.