Hill v. Whorton
Supreme Court of Georgia
Complaint for land. Before Judge Tarver. Cobb superior court. June 5, 1919. Three heirs at law of C. J. Hill sued to recover three eighths undivided interest in a forty-acre lot of land. A nonsuit was granted, and the plaintiffs excepted.
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Complaint for land. Before Judge Tarver. Cobb superior court. June 5, 1919. Three heirs at law of C. J. Hill sued to recover three eighths undivided interest in a forty-acre lot of land. A nonsuit was granted, and the plaintiffs excepted. It appeared, that on January 4, 1887, J. P. Hill, half-brother of the plaintiffs, executed a deed (which was recorded) conveying the whole lot to J. E. Banister, who died in possession of the land on January 22, 1916. Some testimony indicated that he built a house on it about 1894, if not earlier. He “ gave it in for taxes,” and “ had all the tax receipts.”…
1Opinion of the CourtHill, J.
Under the pleading's and evidence in the ease the court did not err, at the conclusion of plaintiffs’ evidence, in granting a nonsuit.
Judgment affirmed.
All the Justices concur. H. B. Moss and John P. Cheney, for plaintiffs,
cited Ware v. Barlow, 81 Ga. 1.
J. Z. Foster, for defendants,
cited Civil Code §§ 4175, 3725; Payne v. Ormond, 44 Ga. 514; Ayer v. Chapman, 146 Ga. 608, 614; Brown v. Caraker, 147 Ga. 498, and cit.; Everett v. Whitfield, 27 Ga. 159; McConnell v. Cherokee Mining Co., 114 Ga. 84; Street v. Collier, 118 Ga. 470, and cit.; Bowman v. Owens, 133 Ga. 49, 52, and cit.; Powell on…
2Cases cited7 opinions
- Street v. CollierSupreme Court of Georgia · 1903
- Bowman v. OwensSupreme Court of Georgia · 1909
- Payne v. OrmondSupreme Court of Georgia · 1871
- Ayer v. ChapmanSupreme Court of Georgia · 1916
- Ware v. BarlowSupreme Court of Georgia · 1888
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