Supreme Court of Georgia July 15, 1874 (Bacon v. Smith)

Trippe, Judge.

A fact stated in the testimony of the defendant himself, not urged in the argument or set out in the reporter’s statement, was sufficient to justify the judgment of the superior court. The witness (the vendee) said that when he proposed to the vendor to surrender the land and pay rent, etc., he asked that he should be allowed payment for the improvements he had put on the land.