Bazemore v. Davis 69 Ga. 745

Bazemore vs. Davis.

[Jackson, Chief Justice, being disqualified, Judge Hillyer, of the Atlanta circuit, was designated to preside in his stead. This case was argued at the last term, and the decision reserved.]

1. The allowing of exceptions filed to an auditor’s or master’s report rests in the sound, legal discretion of the judge trying the case, and will not be controlled unless abused.

2. A deed, in order to be the foundation of a prescriptive title to the whole estate, must convey or comprehend the entire fee in some form, but it need not purport to convey the interest of the party against whom it is urged. The prescription will ripen if founded in the proper facts upon an estate as large as the deed expresses, without reference to the source from which it purports to derive title.

*7463. Where there was a sale of trust property, alleged to have been irregular in some respects, and the question as to whether the cestui que trust, a minor at the time of the sale, had, after coming of age, ratified the sale by using and enjoying the proceeds, with knowledge of the facts, has been fairly submitted to and passed upon by the jury, and there was evidence to sustain the verdict, and the judge who tried the case is satisfied with the finding, this court will not interfere.

4. There was no material error committed under any ground of the motion for new trial, as set out in the record.

November 23, 1882.