135 Ga. 694 | Ga. | 1911
1. In an action of ejectment the plaintiff relied for recovery solely upon alleged prior possession under a writing. The evidence offered for the purpose of showing such possession by the plaintiff, or those under whom she claimed, was not as to facts tending to show actual adverse possession, but amounted to mere conclusions of the witness, and was not sufficient to show that the plaintiff had prior possession.
2. The evidence being insufficient to show that the plaintiff had prior possession of the land in dispute, in view of the theory upon which the plaintiff’s case was predicated, as indicated in the first headnote, the writings offered in evidence were immaterial, even if they had' sufficiently described the land referred to in them.
3. There was no error in ruling out testimony upon the subject of possession, nor the writings referred to in the second headnote.
4. Under the ruling when the case was before the Supreme Court on a former occasion, the plaintiff’s immediate grantor was not rendered incompetent as a witness, under the Civil Code, § 5269, to testify as to transactions between himself and his alleged1 vendor, since deceased.
5. But if the evidence as to transactions between the plaintiff’s grantor and his vendor had been admitted, it would not have been sufficient, in the light of the pleadings or any other evidence before the court, to make out the plaintiff’s case.
6. The plaintiff failed to submit sufficient evidence to support an action of ejectment^ and a nonsuit was properly granted.
Judgment affirmed.