Ballard v. Orr
Supreme Court of Georgia
Levy and claim. Before Judge Hart. Morgan superior ■court. January 19, 1898. • Heyser executed to Baccus a mortgage on land, dated March 18, 1884, and recorded two days later. The land was conveyed "by Heyser to Houk by deed dated December 15, 1886, and recorded December 16, 1886. Houk died intestate in 1890, in possession of the land, and it was set apart by the court of ordinary to his widow (the claimant) as a year’s support.
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Levy and claim. Before Judge Hart. Morgan superior ■court. January 19, 1898. • Heyser executed to Baccus a mortgage on land, dated March 18, 1884, and recorded two days later. The land was conveyed "by Heyser to Houk by deed dated December 15, 1886, and recorded December 16, 1886. Houk died intestate in 1890, in possession of the land, and it was set apart by the court of ordinary to his widow (the claimant) as a year’s support. Baccus died in 1884, leaving á will in which, after giving certain legacies, he gave the residue of his property, including all choses in action, to John and W. J.…
1Opinion of the CourtLittle, J.
The questions of fact which arose in the case were properly submitted to and passed upon by the jury, and, After considering the grounds, we find that the trial judge committed no error in overruling the motion for a new trial. It is not necessary that the questions so raised should be referred to in detail here, further than to say that, it being admitted that at the date of the mortgage from Heyser to Baccus title to the land in dispute was in Heyser, and it appearing that the proceedings of foreclosure were regular, the burden was on the claimant to show a title or right superior to the…
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