106 Ga. 303 | Ga. | 1898
Sophronia Smith as the widow of William Smith. applied to. the ordinary for a year’s support, which was set • apart to her in a city lot described as lot No. 7 of a designated survey, “being the lot upon which William Smith died.” No ■ objection was filed by any one-to-the return of the appraisers, and it was recorded as required by law.. After this, three other ■ Smiths, alleging that they were the-children and heirs at law of William Smith and’were in possession of the lot, entered what purported to be an appeal to the-'superior court. .Sophronia Smith then brought her petition,.praying for the appointment of a receiver’ to take charge of the property, alleging that there was no administration on the estate of Williams
Squire Smith, one of the defendants, testified, that the place in'dispute is all under one enclosure and includes lot No. 6 and the north half of lot No. 7; that lot No. 6 was bought by his father for the defendants at their instance; that their money paid for it and a deed was made to them. The deed was made by Mrs. Anna Maria Harris and her husband, Daniel Harris, and was witnessed by two or three witnesses. Witness did not remember their names, but thought one of them was named Chapman or Cliapplp, or some such name. He had seen the deed, which was in the possession of his father the last time he saw it, and is now lost; had tried to find the deed, and so had his father before he died. His sister, Antoinette Smith, lived on lot No. 6 ever since .it was bought by defendants, and so did his father. The other children lived there also at various times. His father never claimed lot No. 6, and the defendants always paid the taxes. Witness could not read writing, but had heard the deed read over by others, and had kept the deed for some time. He had never lived on the place, but claimed an interest in it. Antoinette Smith, one of the defendants, testified that she had lived on the placó where her father died, ever since it was bought by defendants, who furnished the money. Solomon Smith, another of the defendants, testified that the place on which his father died was under one enclosure and included the whole of lot No. G and
At the conclusion of the testimony the plaintiff made a motion to rule out the testimony of the defendants relating to anything “about a deed from Anna Maria Harris and Daniel Harris to the children of William Smith, deceased.’” The court sustained the motion and ruled out the- testimony; and this is one of the errors assigned. The court then,, upon motion of plaintiff, directed the jury to find a verdict, in favor of the plaintiff, and this ruling is also assigned as error:.
Judgment reversed,.