¶1dissenting addendum. The foregoing dissent was written and filed to the original opinion of the majority. On the hearing of the plaintiff’s motion for a rehearing, the original opinion was revised as to one division (division 5), and the judgment of this court was changed from one of affirmance in toto to a judgment affirming in part and reversing in part the judgment of the trial court. The revised opinion holds that the verdict directed in favor of the intervenor is affirmed and the direction of a verdict in favor of Zucker is reversed. I now dissent from the ruling in headnote 5 and the corresponding division of the opinion, and from the judgment affirming the order directing a verdict in favor of the intervenor.
¶2The reasons for my dissent from the original opinion of the majority are still applicable to the revised opinion. I now dissent for the additional reason that the record before the court shows that the plaintiff Zucker only made a motion for a directed verdict, and the trial court, apparently on the theory that what Zucker'would be entitled to the intervenor would share as a joint party plaintiff, directed a verdict for both parties. The result is that it is now held that Zucker was not entitled to the grant of his motion, but that the intervenor is to receive the full benefit of a motion to which she was not a party.
¶4In the fear that some few lawyers might possibly be misled by some of the positions taken in the motion, we feel that they should be exposed to legal tests here to insure against anyone’s being misled thereby in the future.
¶51. This record shows a verdict of the jury in favor of both plaintiffs and this movant assailed it because it was directed by the court. To uphold a directed verdict, it is necessary to find that the evidence demanded it. If rendered without direction, it must be upheld if there is any evidence to support it. We have held that the evidence demanded the verdict in favor of plaintiff Robertson. The motion attacks this ruling, not because it was neither authorized nor demanded by the evidence, but because of the heretofore unheard of reason that there was no motion for a directed verdict in favor of this plaintiff. There simply does not exist any law requiring a motion therefor in order for a directed verdict to be valid. We have the verdict, and it stands as a verdict irrespective of whether or not it was moved for, was directed, or was not directed.
¶62. Ground 2 of the motion complains because our opinion overlooked, failed to apply, overrule, distinguish, or even discuss Rome Gas-Light Co. v. Meyerhardt, 61 Ga. 287, Calhoun v. Osburn, 186 Ga. 569 (198 S. E. 706), and Joel v. Publix-Lucas Theatres, Inc., 193 Ga. 531 (19 S. E. 2d 730); all holding that a purchaser with notice of an equity takes subject to that equity. We did not mention those perfectly sound decisions for the very simple reason that they have no conceivable application to the facts of this case. The factual basis contended for by the movant is that he had trespassed for about a year by driving over this paved driveway to which he had an easement for ingress and egress to other property exclusively. There is never equity but only wrong in trespass. There is no notice of any adverse claim by the mere use, as ruled in division 4 of the opinion. Indeed there is not a scintilla of evidence in this record that shows Cox had any semblance of a right to use the driveway for the purpose complained of in this case.
¶73. Ground 3 obviously misconstrues the decisions in Jones v. Lanier Development Co., 188 Ga. 141 (2 S. E. 2d 923), and Everett v. Tabor, 119 Ga. 128 (46 S. E. 72). Those decisions plainly and unmistakably hold that the trial judge on inter*60locutory injunction hearings should balance the conveniences of the parties in such cases. They refer exclusively to interlocutory injunctions where the judge alone has discretion, and a mere reading of the opinions discloses this. The movant ignores the unmistakable fact that those decisions refer solely to interlocutory judgments and the duty of the trial judge; and advances the unusual argument that they require even the Supreme Court, whose jurisdiction is limited by the Constitution (Code, Ann., § 2-3704) to the correction of errors of law only, to balance the conveniences in this final judgment. The movant asserts that our ruling is absurd because we uphold but restrict his use of this driveway to the expressed and unqualified limitation which he had written into his own deed. If there is an absurdity, it is his and not ours. He says it would not hurt this plaintiff if he put it to the further use of going to and from his properties, to which it does not relate. Naturally, the more the defendant uses this driveway the more the plaintiff’s use thereof is interfered with. We have not one scintilla of fact here that even indicates knowledge upon the part of Mrs. Robertson of any use of this driveway by Cox at the time she purchased her land. Hence, the decisions in Holt v. Parsons, 118 Ga. 895 (45 S. E. 690), Wood v. Macon & B. R. Co., 68 Ga. 539, City of Elberton v. Pearle Cotton Mills, 123 Ga. 1 (50 S. E. 977), Georgia Power Co. v. Kelly, 182 Ga. 33 (184 S. E. 861), and Sandersville R. Co. v. Gilmore, 212 Ga. 481 (93 S. E. 2d 696), cited by counsel, have no application in this case.
¶8The further argument on prescription ignores the facts in the case and warrants no discussion by us.
¶9The motion is denied.