Taylor v. Hartsfield
Supreme Court of Georgia
Claim. -Before Judge Park. Mitchell superior court. An execution issued in December, 1896, against W. W. Taylor, was levied upon 125 acres of land, the south half of lot 55 in the 10th district of Mitchell county, the entry of levy reciting that he was in possession of it. A claim was interposed by his wife. At the trial the levying officer testified: “The recital on that entry is correct. That levy was made on March 7, 1902. I testify from that entry.
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Claim. -Before Judge Park. Mitchell superior court. An execution issued in December, 1896, against W. W. Taylor, was levied upon 125 acres of land, the south half of lot 55 in the 10th district of Mitchell county, the entry of levy reciting that he was in possession of it. A claim was interposed by his wife. At the trial the levying officer testified: “The recital on that entry is correct. That levy was made on March 7, 1902. I testify from that entry. I would not say from my recollection who was in possession at the time the levy was made. I- testify from the record. I do not remember going…
1Opinion of the CourtFish, C. J.
1. Where in a claim case the plaintiff in fl. fa. introduced in evidence the entry of levy, which contained a statement that the defendant in fi. fa. was in possession of the land levied on at the time of the levy, and also introduced parol evidence tending to show such'possession, but later introduced other parol evidence tending to show that the defendant was not in possession at the time of the levy, but that the claimant was then in possession, it was error for the presiding judge to direct a verdict finding the property subject. He should have submitted to *479the jury the question thus…
2Cases cited8 opinions
- Broome v. DavisSupreme Court of Georgia · 1891
- Southern Mining Co. v. BrownSupreme Court of Georgia · 1899
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
- City of Atlanta v. WordSupreme Court of Georgia · 1886
- Dodge v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Augusta Land Co. v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1913
- Hill Aircraft & Leasing Corp. v. Cintas Corp.Court of Appeals of Georgia · 1984
- Payne v. NixSupreme Court of Georgia · 1941