
    HICKS v. IVEY.
    November 16, 1896. Argued at the last term.
    Ejectment. Before Judge Griggs. Early superior court. October term, 1895.
    E. E. Hicks sued Mrs. Ann Ivey for land lot 400 in the 6th. district of Early county. His chain of title was; plat and grant from the State to Henry Pulling, of Emanuel county, December 4, 1840; deed from Henry Pullen of Emanuel county to James Hicks of Emanuel county, February 4, 1841; deed from James Hicks to William P. Hicks and J. E. Hightower, June 6, 1876; deed from J. E. Hightower to E. E. Hicks, November 18, 1855; and deed from W. P. Hicks to E. E. Hicks, March 11, 1887. W. P. Hicks testified, that he was born in Emanuel county in March, 1830, and had resided there up to within twelve years ago, when he moved to Laurens county; that James Hicks was his father, from whom he received the plat and grant before mentioned, at tbe time James Hicks made to. bim and J. E. Hightower tbe deed also mentioned; and that be knew Henry Pullen in bis lifetime. He was asked to state wbetber or not tbat person was also known in tbecommunity as Henry Pulling. Objection to tbe question was sustained, on tbe ground tbat it was incompetent to explain, correct or vary a grant from tbe State by parol. Witness was further asked, if in all tbe time be bad lived in Emanuel county be bad ever heard of any one who went under tbe name of Henry Pulling or Henry Pullen, other than the Henry Pullen asked about. Objection to this also was sustained, on tbe same ground. To these rulings,, and to tbe grant of a nonsuit, plaintiff excepted.
   Simmons, C. J.

Grant to Henry Pulling, deed from Henry Pullen; evidence admissible to show that these names designated one and the same person. Error in granting nonsuit. Dickerson v. Brady, 23 Ga. 161; Brooking v. Dearmond, 27 Ga. 58; McDowell v. Irwin. 32 Ga. 39; Clements v. Wheeler, 62 Ga. 53; 16 Am. & Eng. Enc. of Law, pp. 122-127, and notes.

Judgment reversed.

R. H. P-oioell ■& Son, for plaintiff.

'William D. Kiddoo, for defendant.  