Variable Annuity Life Insurance Co. v. Hausinger

This is an action in ejectment in the fictitious form, predicated upon a demise from W. A. Morgan, Miss Louise Morgan, Miss Annie Morgan, Mrs. Henderson Burch, and Mrs. Riley Wooten, against J. F. Guess, the alleged tenant in possession, for recovery of a "three-fourths undivided interest in and to one-fourth of lot of land number 131, containing 62-1/2 acres, more or less, and being the northeast one-fourth of said lot and lying in the northeast corner of said lot, said lot situated in the 7th district of said Baker County, except three acres of land lying in the northwest corner of the one-fourth of lot of land number 131 in the 7th district of Baker County, Georgia." It was alleged that the defendant had received rents and profits arising from the use of the land, in the amount of $150 per annum from July 12, 1938, the date of the alleged ouster, to the loss and damage of plaintiffs. The defendant filed a general plea of not guilty. On the trial the plaintiffs introduced evidence disclosing that W. T. Morgan, under whom the plaintiffs claimed the property in question, died intestate about 1924, and there was no administration of his estate. He left surviving a widow and five children, W. A. Morgan, J. R. Morgan, Miss Louise Morgan, Mrs. O. M. Sanders, and Mrs. Anna L. Guess. The widow died in 1925 or 1926 after the death of her husband, and J. R. Morgan shortly thereafter followed his mother in death, leaving surviving two daughters, Mrs. Henderson Burch and Mrs. Riley Wooten, who are named as parties plaintiff. Anna Lee Guess, the wife of the defendant, was in possession of the land at the time of the death of her father, and remained in possession until her death about eight years ago. She died without children having been born to her. W. T. Morgan owned all of lot number 131, but before his death he had given to each of his children a portion of his estate. Mrs. O. M. Sanders is not a party to the case.