94 Ga. 690 | Ga. | 1894
The suit was brought by the administrator of Mark Willcox against William Studstill et al., who pleaded the general issue and prescription. The jury found for the plaintiff', and defendants’ motion for a new trial was overruled. Plaintiff proved title in Mark Willcox, the deed to him being dated in 1847. There was evidence for defendant, that about two years after that time Will-cox put Wright Collins, his sou-in-law, in possession of the land, and Collins remained in possession, made valuable improvements and exercised acts of ownership until he conveyed the land by deed to W. R. Walker in 1859. In the motion for new trial error is assigned on the refusal of the court to receive any evidence going to show that Willcox made a parol gift of the land to Collins ; and upon refusal to charge the jury, that if W. R. Walker went into possession under the deed from Collins, made valuable improvements and remained in open, peaceable and continuous possession for seven years or more, he obtained a good prescriptive title, and plaintiff could not recover. There was further evidence for defendant, that W. R. Walker remained in possession of the land, adversely, peaceably, etc., by himself and his tenants, until it was levied on and sold by the sheriff to M. A. Walker in 1869, under an execution in favor of Campbell v. W. R. Walker, Wright Collins and William Studstill; that M. A. Walker went into possession under
