119 Ga. 918 | Ga. | 1904
This was a suit in ejectment and for mesne profits. Different branches of the same litigation have been before this court twice (115 Ga. 491; 117 Ga. 67), but the questions now presented are entirely different from those made on the former trials. The plaintiff, a non-resident, claimed title under two instruments, one a deed of trust in the nature of a mortgage, signed by the defendant and her husband, D. H. Moody, purporting to convey the property in dispute and other property, some of which was located in Alabama and some in Mississippi, to Mason
We conclude from the foregoing that the court below erred in each of the rulings on the admission of evidence, of which complaint is made. Had this evidence- been admitted, as it should have been, the plaintiff would have had a prima facie case, and a nonsuit could not legally have resulted.
Judgment reversed.