Carter v. Moody

1. Claimant alleges that the court erred in refusing a timely written request to charge the following: “I charge you,' gentlemen of the jury, that before you could find that the deed from Appling County to Joe Nathan Carter could be set aside, it would be necessary for the plaintiff to tender to the claimant the consideration he paid for same, together with ten per cent, premium thereon,- before he (plaintiff) would be entitled to have the same set aside and declared of no effect.” There was some evidence from which the jury was authorized to find that a tax execution for $23.90 was levied…