Georgia Reports Volume 146 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...with the statement that the grantee should "take the deed; that he did not know when he would die;" and he said, "Here is the deed; this is yours; take it and take care of it, and at my death the property will be yours." The construction announced is in harmony with the abovestated adjudication, as well as with equity and justice. In view of the circumstances attending t.he trial and the character of the case, the court did not abuse his discretion in overruling the motion for a continuance. ' Judgment afiirmed. All the Justices concur. DREW 11. DREW. 1. A plaintiff in ejectment claiming under a deed as a muniment of title may prove the deed by secondary evidence, provided the proper foundation is laid as to the execution and delivery of the original deed, and its loss. 2. The plaintifi"s petition was not supported by evidence upon a material and essential point, and the verdict was unauthorized. Fssnuanr 15, 1917. Equitable petition. Before Judge Kent. Laurens superior court. September 30, 1915. Mrs. Rachael C. Drew filed her petition seeking to have a lost deed to certain land established, to recover possession of the land, to cancel a deed held by the defendant, J. S. Drew J r., and for mesne profits. Upon the trial the verdict was in favor of the plaintiff for the land in dispute, without rent. A motion for a new trial was overruled, and the defendant excepted to this ruling and to the refusal of a nonsuit. The plaintiff alleged in substance as follows: Though J. S. Drew Jr. is in possession of the land in controversy, the title to it is in the plaintiff. On August 27, 1895, J. S. Drew Sr., who was the husband of the plaintiff and the father of the defendant, conveyed this land to the plaintiff for her...