126 Ga. 175 | Ga. | 1906
This is the second appearance of this case in this court. See Roberson v. Downing Co., 120 Ga. 833. The suit is to quiet title to land, for injunction, and other relief. Upon the trial in the court below, when the evidence was all in, and both sides had announced closed, the court directed a verdict in favor of the plaintiff, as follows: “We, the jury, find for the plaintiff the premises in dispute and costs of suit and cancellation of deeds of the defendants as prayed, and injunction be made permanent.” The defendant moved for a new trial, upon the general grounds, and upon the ground that “the court erred in directing a verdict for the plaintiff without allowing counsel for defendant to argue said case before the jury, there being issues.of fact upon which the jury should have been permitted to pass.” The defendants in the court below are plaintiffs in error here, and in their briefs say: “There is but
Leaving out turpentine operations, 'the possession was by actual occupancy of a part of the land by Atmitage, then by McDonough in operating their sawmill, and afterwards’ by Lary by actual residence and by cultivating fields upon the tract. This actual possession of a part of the tract under color of title will be construed to extend to the limit of the tract as specified in the deed. It is not controverted that this character of ]iossession was maintained; and it follows as a matter of law that there was possession of the whole tract. As to the character of possession, there was nothing in the case to be submitted to the jury, and upon that point the court did not err ih directing the verdict. The possession being of the character prescribed by law, and there being no breach in the continuity, or impeachment of the good faith, and the same having been maintained for the requisite period, all of which being affirmatively established by uncontroverted ’evidence, the court did not, for any of the reasons assigned, err in directing -a-verdict for the plaintiff.
Judgment affirmed.