80 Ga. 93 | Ga. | 1887
This was a claim case.' Miller, as administrator of Carter, advertised for sale a certain place comprising several tracts of land. Shore interposed a claim to this land. On the trial of the claim case, Shore proposed to introduce in evidence a deed from Carter, the deceased, made in his life time to his wife, N ancy Carter. This deed described the land conveyed to her as being “ parts ” of certain lots of land, in all comprising 172 acres, but not stating what parts of said lots. Objection was made to the introduction of the deed in evidence, and the court sustained the objection. The claimant proposed to prove by parol that
It is true that the plaintiff in error went no further with his case in the court below; but it was not necessary; nor could he go further. He claimed through Nancy Carter; and when the deed to Nancy Carter -was rejected by the court, his evidence of title was destroyed. We reverse the judgment of the court below, on the ground that the court erred in rejecting this deed and the parol evidence offered to explain the same.
Judgment reversed.