143 Ga. 425 | Ga. | 1915
Burrell Watson, as administrator of the estate of P. M. Watson, brought suit against Perry C. Watson, to recover a certain tract of land comprising certain designated lots. Upon the trial the jury returned a verdict for the defendant. The plaintiff made a motion for a new trial, and the court upon the hearing of the same set aside the verdict; and the defendant in whose favor the verdict had been returned excepted to the grant of a new trial.
In order to determine whether the court erred in granting a new trial, it is necessary to determine only one of the questions made by the motion; and that is, whether the court erred in admitting in evidence a certain order purporting to have been granted “at chambers” by the ordinary of the county in which the land sued for is situated. This-order'was granted upon an ex parte application of the defendant to have a certain record of the return of the commissioners appointed to set aside a year’s support upon the application of Mrs. Martha Watson, the widow of the plaintiff’s intestate, so corrected as to conform to the truth of the case and be made to show “the proper lots and districts as set apart.” In the original return of the commissioners, among other property set apart were: “Lot of land Nos. 14, 15, 16, and 19 in the 12 district of said Taylor Co. Fractional lots Nos. 290, 292, and 294 in 11 dist.- Taylor Co. y2 lot No. 269 in 11 dist. Marion County.” Lots numbered 14, 15, and 16 in the 12th district of Taylor county are the lots sued for. It appears that there was a record of a return made by appraisers to set apart a year’s support, corresponding in
Judgment affirmed.