33 Ga. 117 | Ga. | 1861
Lumpkin, J., delivering the opinion.
This is a motion for a new trial, and the first ground is, that the Court erred in not rejecting several sets of interrogatories, because they were taken by Lawson Black, an attorney of the Court.
The Judge properly submitted the question of identity to the jury. -Every likeness is not the same. The exceptions to the charges of the Court respecting mesne profits were abandoned, as no mesne profits were recovered.
The recovery, in this case, was upon the demise of Samuel Oliver. If Oliver hinlself had given the bond directly to Amos A. Williams, and only a part of the purchase-money paid, Oliver could have recovered the land, and this could only have been prevented by Williams paying, or offering to pay, the balance of the purchase-money. The vendor holds the title as security for the purchase-money, and ejectment is one of the methods of enforcing payment.
This evidence was ruled out on the ground that the foundation had not been laid for its introduction. By referring to the testimony of the witness intended to be impeached, it will be seen he was not asked the place where he made the statement proposed to be contradicted by Henderson. True, it is rather obscurely expressed. In favor of the judgment of the Court, we should give it the construction he did.
Let the judgment be affirmed.