130 Ga. 764 | Ga. | 1908
(After stating the facts.)
The suit is brought jointly by Mrs. Watson as executrix of J. P. Watson, by himself individually, and by Mrs. Lela Smith. The-title alleged is joint, and in order for them to recover it is necessary that the title proved shall be a joint one. In an action of ejectment brought in the common-law form, where a joint demise is laid in the declaration, evidence of a joint interest in the plaintiff’s lessors must be given, and without it there can be no recovery an that demise. This same rule applies to the statutory form of action when used as a substitute for the action of ejectment. Etowah Mfg. Co. v. Alford, 78 Ga. 345 ; Echols v. Sparks, 79 Ga. 417 (5 S. E. 132) ; McGlamory v. McCormick, 99 Ga. 148 (24 S. E. 941) ; Callaway v. Irvin, 123 Ga. 344 (51 S. E. 477). The proof submitted by the plaintiff was prima facie sufficient to show that
Judgment reversed..