Haisten v. Tanner-Brice Co.
Haisten v. Tanner-Brice Co.
Opinion of the Court
1. The description in the deed from the plaintiffs to Mrs. D. T. Mills reads in part as follows: “That certain house and lot in the City of Americus, Sumter County, Georgia, the same being numbered 108 East Church Street. Said lot beginning at the southwest corner of the property now occupied by Mrs. W. C. Wright on the north side of East Church Street, thence from said point of beginning run west along the north side of East Church Street a distance of sixty (60) feet taking in the driveway on the west side of said lot, thence turn right and run in a northerly direction a distance of one hundred seventy (170) feet, thence turn right and run in an easterly direction a distance of sixty (60) feet, thence turn right and run in a southerly direction a distance of one hundred seventy (170) feet to the north side of East Church Street and the point of beginning, all measurements being more or less.”
The evidence showed that the distance from the rear line of
2. The special grounds all complain because the court refused to allow certain evidence to be introduced. The evidence ruled out consisted of testimony, the greater part of which had the effect of varying the terms of the deed from the plaintiffs to Mrs. Mills, and was clearly inadmissible. See Thompson v. Hill, 137 Ga. 308 (73 S. E. 640); Stewart v. Latimer, 197 Ga. 735 (30 S. E. 2d 633). The remainder of the evidence ruled out was purely hearsay, and was certainly inadmissible under Code § 38-301. It follows, there was no error in the judgment denying the motion for new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.