McDonald v. Wimpy

Duckworth, Chief Justice.

On the second appearance of this case (McDonald v. Wimpy, 203 Ga. 498, 46 S. E. 2d, 906), we had for review a judgment granting a new trial on motion of the defendant after the trial had resulted in a verdict for the plaintiff. It was held that the verdict for the plaintiff was not demanded, since there was testimony for the defendant raising an issue as to whether adverse possession under color of title had been shown. That rule when applied here, since the evidence was in all material respects the same, would require a holding that the jury was authorized by the…