112 Ga. 509 | Ga. | 1900
This was an ejectment suit in fictitious form, brought jointly by John L. Wooding and Augusta L. Altman against M. M. Blanton, M. C. Harrell, M. D. Allen, A. B. Peters, and J. M. Scott. The real defendant seems to have been Mrs. M. C. Harrell. She filed an answer, in which she denied that she was guilty of the trespass charged in the ejectment suit, but alleged that she and those under whom she claimed had heen in possession under written color of title in their own right, and not in the right of another, and that said right did not originate in fraud, and that said possession had been continuous, exclusive, uninterrupted, peaceable, and accompanied by a claim of right, for more than twelve years before the filing of the suit. The jury returned a verdict in favor of the
“Valdosta, Ga., Feb. 8th, 1882.
“Mr. Franklin Nelson, Moultrie, Colquitt County, Ga.
“Dear Sir: In looking over my papers some time ago, I came up with the Commissioners’ deed to two (2) town lots in the town of Moultrie, which I enclose you, No. 4 & 5,'in Block ‘E.’ One ■of the two I sold to Col. Savage before the war, which must have been next to the place he settled. I the other, I herewith surrender any rights and title therein to yourself or wife, just as you may choose. I herewith enclose a deed to you, hoping it may reach you safely, find you and family all well; and please give them my best respects. Tours Most Respefty, Benj. L. Wooding.”
The objection made to its introduction was, that same is not color ■of title, because there is no particular grantee, and no grantor; and it gives no description of property to be conveyed, and has no consideration, nor apt words for its conveyance of any particular land; nor designates any specified interest in lands, nor describes any land with certainty. In the light of the testimony explanatory of that letter, it was not open to the objection made by counsel for plaintiffs to its introduction. The lot was distinctly fixed that he intended to convey to Franklin Nelson, or'his wife, just as he might choose; and it was clearly good as color of title, having been followed by possession of the defendant, and those under whom she claimed, the requisite length of time to ripen into a prescriptive title. 'There was, therefore, no error in admitting it in evidence.
Error is also alleged in the following charge: “ I charge you, . .
Judgment affirmed.