141 Ga. 790 | Ga. | 1914
1. A bill of exceptions was originally tendered for certification in time, and was returned by the judge to counsel for plaintiff in error for correction. After being corrected it was retendered and certified within twenty days from its return. Meld, that the delay in retendering was not unreasonable. Atkins v. Winter, 121 Ga. 75 (48 S. E. 717). See also Meador v. Callicott, 129 Ga. 631 (60 S. E. 863) ; Kent v. Geiger, 138 Ga. 248 (75 S. E. 104).
2. This was an action to enjoin the defendant from polluting a non-navigable stream by emptying therein sewage and other filthy matter. On an interlocutory hearing the plaintiff submitted evidence tending to show that he had rights in the stream as a riparian ownei-, and that he had title to certain land bounded on the east by the stream, by prescription under color of title, and that a line between his land and that of the defendant had been agreed on between them, which placed the stream where the plaintiff claimed on his land. The defendant admitted discharging sewage into the stream, denied ever agreeing upon a line as the plaintiff claimed, and sought to set up title in himself to all of the stream, both at the place where the sewage was discharged into it and where the plaintiff claimed to own it. Defendant contended that the place whereon James Bleckley resided at the time of his death included the entire stream at the place where the plaintiff claimed an interest in it; and defendant sought to show title by conveyances from the other heirs at law of James Bleckley. Defendant put in evidence a deed from Mrs. Wall to John W. Green, conveying the premises of which James Bleckley died seized and possessed. Defendant was permitted to put in two other deeds conveying the premises where James Bleckley resided at the time of his death, one of which was from V. A. Green, as administrator of John W. Green, to Mrs. S. R. Green, and the other from Mrs. S. R. Green to V. A. Green, the defendant. Neither of these deeds had been recorded, nor was any evidence submitted as to the proof of their execution. They were admitted over the objection of the plaintiff that they had not been recorded nor was their execution proved. Plaintiff objected to the following statements in an affidavit of Mrs. Wall, which was put in evidence by defendant, to wit: “The tract of land described in the answer of the defendant, V. A. Green, was a part of my father’s (James Bleckley’s) estate.” “The line of the land of said Wilson [plaintiff] never did extend to said branch.” “Said Wilson and his predecessors in title never did own said branch or to the center or thread of said
Judgment reversed.