Shaner Motor Co. v. Williams
Court of Appeals of Georgia
1Opinion of the CourtBroyles, C. J.
1. When husband and wife live together, the house in which they live and all property in the house and upon the premises are in the legal possession of the husband as the head of the family, and ' presumptively the title to such property is also in the husband. Smith v. Berman, 8 Ga. App. 262 (2), 271 (68 S. E. 1014).
2. The issue in a claim case is whether the property levied on belongs to the defendant in fi. fa., or to the claimant. Cecil v. Gazan, 71 Ga. 631.
3. In the instant case the evidence for the plaintiff in fi. fa. showed prima facie that the property levied upon belonged to the…
2Cases cited2 opinions
- Smith v. BermanCourt of Appeals of Georgia · 1910
- Cecil & Thrasher v. GazanSupreme Court of Georgia · 1883
3Cited by4 opinions
- Upchurch v. UpchurchCourt of Appeals of Georgia · 1947
- Temple v. StateCourt of Appeals of Georgia · 1936
- Combs v. SpurlingCourt of Appeals of Georgia · 1951
- Corker v. QuickCourt of Appeals of Georgia · 1939