27 Ga. 507 | Ga. | 1859
By the Court.
delivering the opinion.
This was an action of ejectment, in the Superior Court of Cass county. The jury rendered a verdict for the plaintiff, and the defendant moved for a new trial on the several grounds set forth in the foregoing statement, by the Reporter. The presiding Judge refused to grant a new trial, and error is assigned on his judgment refusing it. According to the record before us, the defendant entered into possession of the premises sued for under the lessor of the plaintiff, Jesse Cash, either undera verbal donation or of a promise to give the land to the defendant, or to his wife,orto his wife and «children, or under a lease, he to pay rent in corn or cotton. There is some evidence to each of these points, but the weight of the evidence is, that he entered into possession of the land under a verbal promise, that as soon as certain impediments were removed, he would execute a title to the defendant’s wife and children. If the defendant entered under the lessor of the plaintiff, whether by purchase, gift, lease, or otherwise, he cannot dispute his title. Leigh’s Nisi Prius, and cases referred to in the note 925. So far, then, as the plaintiff’s right to recover the premises in dispute, (h'peuded ou the evidence adduced by him, it was perfect as to the defendant.
The case of the plaintiff in error, then, depends on the
It is by no means clear, that the evidence in the cause warrants the charge; but the request is inconsistent with, itself, for the defendant could not enter into possession of the laud as his own, while he acknowledged the title out of him by stipulating that a conveyance should be executed to his wife by the person claiming title. But the request is substantially wrong, and ought not to have been given in. charge to the jury, for “a party who has been let into the possession of land under a contract of sale, or for a letting which has not been completed, is a tenant at will of the vendor.”' Ball vs. Cullimore, Withers et al, 2 Mason, Cr. Bos. Excheq'r Rep. 133. Dunb. vs. Hunter 7 Com. L. Rep. 115. The request implies, that the title to the land was in the lessor of the plaintiff, and that a conveyance was necessary to pass it out of him. If the defendant entered under a contract of any sort for a title, the statute of limitations could not begin to run in his favor until he repudiated the contract, and claimed to hold in defiance of plaintiff’s title, and the plaintiff’s knowledge of such adverse holding.
j he Court charged die jury, that if the defendant, previous to the year 1853, took possession of the land, claiming it as his own, and kept that possession, and continued that claim for seven years, ihe defendant acquired a good statuto
Judgment affirmed.