Arnold v. Johnson
Supreme Court of Georgia
Equitable petition. Before Judge Hodges. Walton superior court. November 8, 1919. According to the plaintiff’s contention, and evidence on which the verdict in her favor was based, her husband (Johnson) bought a town lot of Clemmons, paid for it, and caused Clemmons to execute to Mr. Arnold a deed to secure a loan of money to build a house upon it. The property was thereafter occupied by Johnson and his wife, and by no one else.
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Equitable petition. Before Judge Hodges. Walton superior court. November 8, 1919. According to the plaintiff’s contention, and evidence on which the verdict in her favor was based, her husband (Johnson) bought a town lot of Clemmons, paid for it, and caused Clemmons to execute to Mr. Arnold a deed to secure a loan of money to build a house upon it. The property was thereafter occupied by Johnson and his wife, and by no one else. Johnson, after partly repaying the money owed .to Arnold, died in 1904, intestate, the plaintiff, ■his sole heir, paying all debts and taking possession of all his…
1Opinion of the CourtAtkinson, J.
1. “ It is only where discovery, is expressly prayed for in plaintiff’s petition that two witnesses, or one witness and corroborating circumstances, are required to rebut the answer of defendant, as to facts within his own knowledge, responsive to the discovery sought.” Toomer v. Warren, 123 Ga. 477 (51 S. E. 593) ; Civil Code (1910), § 4547.
2. There was no error in the court’s charge on the effect of certain conversations admitted in evidence, nor in refusing to direct a verdict for the defendant.
3. The verdict was supported by evidence, and the court did not err in overruling the motion for…
2Cases cited1 opinion
- Toomer v. WarrenSupreme Court of Georgia · 1905
3Cited by3 opinions
- Carter v. Marble Products Inc.Supreme Court of Georgia · 1934
- Carlton v. Moultrie Banking Co.Supreme Court of Georgia · 1930
- Hilburn v. HightowerSupreme Court of Georgia · 1934