LAW.coLAW.co

BURKHALTER v. WILSON et al.

Supreme Court of Georgia1929-05-22No. No. 7081
168 Ga. 566

Summary

Holding. The court affirmed the jury verdict for the defendants, holding that the trial judge did not err in refusing the plaintiff's requested jury instructions because the requests were submitted in bulk without proper separation, were incomplete in key respects, and included requests stating incorrect legal principles.

Burkhalter sued Wilson, Smith, and Brewer to stop them from cutting timber on land where Burkhalter claimed ownership, and sought damages for the timber removal. Burkhalter based his title claim on a sheriff's deed from 1905 and several quitclaim deeds recorded between 1911 and 1923. Wilson admitted cutting the timber but claimed superior title through a chain of deeds reaching back to an 1816 land grant, with his most recent deed dated 1924. The jury ruled in favor of the defendants.

Burkhalter moved for a new trial, arguing the trial judge improperly refused to give certain jury instructions he had requested in writing. The requested charges covered multiple legal topics on a single multi-page document without clear separation between different subjects. Some requests were too vague (asking the court to "charge fully" on certain topics without specifying the exact instruction), while others misstated applicable law (such as the claim that defendants could not show outstanding title when they were instead claiming direct title themselves).

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Propriety of refusing en bloc jury charge requests that are vague or incomplete
  • Requirements for specificity and accuracy in written jury instructions
  • Title to real property based on competing chains of deeds

Procedural posture

Burkhalter brought suit seeking injunctive relief and damages for timber removal; the jury returned a verdict for the defendants; the trial court denied Burkhalter's motion for a new trial; Burkhalter appealed.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Gilbert, J.

W. T. Burkhalter brought suit against J. T. Wilson, after which J. W. Smith and B. H. Brewer were made parties defendant. The petition alleged title in described land to be in petitioner, and that the defendants were cutting,- felling, and removing timber thereon; that defendants had no title, and that they were insolvent, their acts constituting irreparable damage. The prayers were that the defendants be enjoined from further cutting timber, and that petitioner recover “any and all damages he has sustained up to the date of the trial.” The petitioner claimed title under “constructive possession of the same for over twenty years under a duly recorded deed made by the sheriff of Tattnall County to J. Y. Kelley, dated the 5th day of September, 1905, and transferred by said Kelley to your petitioner, together with the property therein described, on the 8th day of September, 1905;” also under four quitclaim deeds to petitioner as follows: (1) by Mrs. Maxie Collins, dated February 17, 1912; (2) by T. J. Holland, dated June 18, 1912; (3) by John Holland, dated December 28, 1911; and (4) by Pollie Brown, dated November 21, 1923; all of said deeds except the third being duly recorded. The defendant Wilson admitted cutting said timber, and claimed title, denying any interest in said lands to be in plaintiff. He claimed title under the following chain: “Deed from J. W. Smith, dated the 3rd day of December, 1924, J. W. Smith having acquired title from Elvina Holloway by deed dated November 5, 1912; Elvina Holloway having acquired title from Elbert Bird by deed dated August 10, 1897; and Elbert Bird having acquired title by a transfer of a deed from J. D. Holland, by Elbert Bird, attorney in fact, to W. H. Yeomans, dated April 13, 1897; W. H. Yeomans having transferred to Elbert Bird, July 10, 1897, and having also made a quitclaim deed to the said Elvina Holloway, dated July, 1909, which last-mentioned conveyance follows a security deed made by J. D. Holland to Elbert Bird, April 8, 1895, Jefferson D. Holland having acquired title from W. H. and Annie Collins by deed dated December 1, 1884, in which deed the description covers the John Dixon grant dated August 5, 1816.” The jury returned a verdict for the defendant. The plaintiff moved for a new trial on general and special grounds. The motion was overruled, and he excepted.

Tlie grounds oi the motion based upon the refusal of the court to charge as requested in writing show no error. Where a number of propositions are requested en bloc and one or more are incorrect, the judge may refuse the entire request. Grace v. McKinney, 112 Ga. 425 (37 S. E. 737); Thompson v. O’Connor, 115 Ga. 120 (5) (41 S. E. 242). The request was submitted en bloc, covering several typewritten pages, the different subject-matters covered being in no way separated one from another. The request purports to cover all of the issues in the case, but is incomplete in several particulars, (a) It requests the court to “charge fully on title by prescription,” also to “charge fully on title lines being recognized as the dividing line between adjacent land owners,” and to “charge the principle that if the defendants are claiming title under W. H. Collins they must show title deeds conveying the lands definitely described as the plaintiff had to show,” such requests being incomplete in that they do not set out the exact charges requested. (b) It requests the court to charge “that the defendants are not permitted to show any outstanding title to defeat the title of the plaintiff; they both claim under one common grantor or source of title,” which request does not set out a correct principle of law applicable to this case. “A request for the court to charge the law as to prescriptive rights and adverse possession is too general and indefinite.” McElwaney v. MacDiarmid, 131 Ga. 97 (6), 99 (62 S. E. 20); see also Wright v. W. & A. R. Co., 139 Ga. 343 (3) (77 S. E. 161). The ruling in Florida Yellow Pine Co. v. Flint River &c. Co., 140 Ga. 321, 322 (78 S. E. 900), cited by movant, is not applicable. In that case both parties were claiming under grants from the same person, and the defendant admitted title in that person whose grant to petitioner was prior to his grant to the defendant. In this case the defendants do not plead outstanding title, but claim title and possession.

The remaining headnotes do not require elaboration.

Judgment affirmed.

All the Justices concur.