Pope v. Robinson

Supreme Court of Georgia
Pope v. Robinson, 150 Ga. 41 (Ga. 1920)
102 S.E. 350; 1920 Ga. LEXIS 15
Hill

Pope v. Robinson

Opinion of the Court

Hill, J.

1. Where an equitable action was brought by one in possession of land, to have vacated and set aside a previous judgment in favor of the defendant against the plaintiff, recovering the land, and praying that the defendant be enjoined from interfering with “ the possession, occupancy, or title ” of the plaintiff; and where on the trial of the case the plaintiff was permitted, over objection, to testify that she did not sign the deed offered in evidence by the defendant [the deed purporting to be from the plaintiff to the grantor of the defendant], the admission of such evidence was erroneous, the grantee in such deed being dead, and the assignee of such grantee being a party defendant to the suit. Civil Code, § 5858.

2. Hone of the other assignments require a reversal.

Judgment reversed.

All the Justices concur, except Gilbert, J., absent on account of sickness.

Reference

Status
Published