63 Ga. 410 | Ga. | 1879
The bill was filed by certain legatees against the administrator with the will annexed of Stanley Purifoy, to recover the sums due them under the will. Subsequently an amendment was made laying special stress upon the payment to himself by the defendant, Murphy, of a promissory note made by the testator to him for borrowed money; and the issue was narrowed to the'validity of this note, and if valid, to its payment in cotton in the life-time of the testator. The verdict was for the defendant, a motion was made for a new trial on many grounds, it was overruled, and we will consider such grounds as are necessary to be ruled — the others being of no consequence, or properly ruled by the court, if of any.
On the other hand, all that transpired between him and •others since testator’-s death, or even before the death in the absence of testator and testified to by others aliye, and in respect to which testator could not confront iim or explain, is admissible. These rules, we think, can be easily applied and will guide on the next trial. It should be remarked, however, that this is a peculiar case. The administrator
Inasmuch as we grant a new trial, we make no comment upon the evidence, except to remark that it is not so overwhelming as to necessitate this verdict despite errors of law, but conflicting to an extent that demands that it should be tried again, and that the facts be sifted so as, if possible, to reach the truth and do justice to all.
Judgment reversed.