McConnell v. Rhodes
Supreme Court of Georgia
Claim in Cherokee Superior Court. Tried before Judge Irvin, April Term, 1853. This cause arose out of a levy by the Sheriff on a lot of land, by virtue of a fi. fa. issued in 1842 in favor of Eli McConnell ■ vs. Ira Ragsdale deceased. The land was claimed by Mary Rhodes, who was in possession at the time of the levy.
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Claim in Cherokee Superior Court. Tried before Judge Irvin, April Term, 1853. This cause arose out of a levy by the Sheriff on a lot of land, by virtue of a fi. fa. issued in 1842 in favor of Eli McConnell ■ vs. Ira Ragsdale deceased. The land was claimed by Mary Rhodes, who was in possession at the time of the levy. On the trial, the plaintiff in fi. fa. introduced the fi. fa., showing the levy, and then a deed brought into Court by Daniel H. Bird under a subpoena duces tecum at the instance of the plaintiff, which purported to be a deed of Susan Ragsdale, Administratrix of Ira Ragsdale,…
1Opinion of the Court
By the Court.
Nisbet J.
delivering the opinion.
[1.] The evidence relied upon by the plaintiff in execution was forced out of the claimant at his instance for his use. It was not before the Court by the claimant’s consent. It does not appear that her title is derived alone from the defendant in execution. Non constat but that she has and will rely upon other title and better title. The rule therefore that a party is estopped from denying the title under which both litigants claimed, does not apply.
The plaintiff in execution had not shifted the onus.
The question whether the plaintiff’s judgment…
2Cited by5 opinions
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