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Willis v. Bonner

71 S.E. 1048, 136 Ga. 720, 1911 Ga. LEXIS 196
CourtSupreme Court of Georgia
DecidedAugust 19, 1911
StatusPublished
Cited by14 cases

This text of 71 S.E. 1048 (Willis v. Bonner) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willis v. Bonner, 71 S.E. 1048, 136 Ga. 720, 1911 Ga. LEXIS 196 (Ga. 1911).

Opinion

Holden, J.

Decie Thomas and the administrator of Emma Martin brought suit against Anna Bonner and her husband, Clarence Bonner, to recover a tract of land and the mesne profits thereof. Anna Bonner, who was in possession of the land and claimed to be the owner thereof, died, pending the suit, intestate, leaving as her solo heir at law, the other defendant, her husband. Anna Bonner was stricken as a party defendant, and the suit proceeded “against the oilier defendant, Clarence Bonner, as her only heir at law.” Held:

1. It appearing that the suit, at the time of the trial, was against Clarence . Bonner as the sole heir at law of his wife, who died intestate, in the ’ absence of evidence that she left debts which were unpaid, lie was her “personal representative,” and the court did not. err in ruling that Decie Thomas was incompetent to testify to any communication or transaction between her and Anna Bonner. Civil Code (1910), §§ 3930, 3931, 5858, par. 1; Johnson v. Champion, 88 Ga. 527 (15 S. E. 15); Killian v. Banks, 103 Ga. 245 (29 S. E. 971); McElhaney v. Crawford, 96 Ga. 174, 177 (22 S. E. 895).

2. The evidence was sufficient to support the verdict.

Judgment affirmed.

Heck, J., absent. The other Justices concur.

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Bluebook (online)
71 S.E. 1048, 136 Ga. 720, 1911 Ga. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-bonner-ga-1911.