Blanchard, Humber & Co. v. Hagan Gas Engine & Manufacturing Co.
Court of Appeals of Georgia
Levy and claim; from Marion superior court — Judge Hutcheson presiding. October 26, 1920. This is a claim case. The evidence in substance is as follows : The defendant in fi. fa. bought certain personal property from the Woodruff Machinery Manufacturing Company, giving therefor promissory notes containing a retention of title to the personalty until paid for, which were duly recorded.
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Levy and claim; from Marion superior court — Judge Hutcheson presiding. October 26, 1920. This is a claim case. The evidence in substance is as follows : The defendant in fi. fa. bought certain personal property from the Woodruff Machinery Manufacturing Company, giving therefor promissory notes containing a retention of title to the personalty until paid for, which were duly recorded. He paid the notes and an entry of payment was duly made on the record, and possession of the property was delivered to him by the payee. The execution against him was obtained on April 25, 1916, and on July 8,…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
The direction of a verdict for the plaintiff in fi. fa. was demanded. No other legal verdict could have been rendered. The property levied on was in the possession of the defendant in fi. fa. at the time of the levy. The title thereto became his when he paid the title-retention notes. The fact that the claimants had loaned to the defendant in fi. fa. the money with which to pay these notes did not give the claimants any title to tlie property as against the lien of plaintiff’s fi. fa., in the absence of a written transfer of the notes. Swann Davis Co. v.…
2Cases cited2 opinions
- Burch v. Pedigo & LyonsSupreme Court of Georgia · 1901
- Swann Davis Co. v. StantonCourt of Appeals of Georgia · 1910
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