Burnside v. Terry
Supreme Court of Georgia
Conditional deed or mortgage. Relationship of Ordinary. Separate estate. Homestead. Before Judge Davis. Hall Superior Court. March Term, 1872. James W. Burnside brought complaint for a certain tract of land situate in the county of Hall, known by number forty, in the tenth district of said county, against Bird Terry, Bowling W. Field and his wife, Levada Field.
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Conditional deed or mortgage. Relationship of Ordinary. Separate estate. Homestead. Before Judge Davis. Hall Superior Court. March Term, 1872. James W. Burnside brought complaint for a certain tract of land situate in the county of Hall, known by number forty, in the tenth district of said county, against Bird Terry, Bowling W. Field and his wife, Levada Field. Defendants pleaded the general issue, and also that the title to said land was in Bowling W. Field and his said wife. Upon the trial, plaintiff introduced the following evidence: “GEORGIA — Lumpkin County: “ Whereas, James W. Burnside,…
1Opinion of the Court
Warner, Chief Justice.
This was an action of ejectment, brought by the plaintiff against the defendants to recover the possession of lot of land number forty, in the tenth district of Hall county. On the trial of the case, the jury found a verdict for the plaintiff. A motion was made for a new trial, on the several grounds specified in the record. The Court granted the new trial, whereupon the plaintiff excepted. The plaintiff claimed a title *628to the land, under a deed made by the defendants, on the 30th day of April, 1869, to him, as set forth in the record ; and one of the questions made on…
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