Stewart v. Mundy
Supreme Court of Georgia
Complaint for land. Before Judge Edwards. Polk superior court. September 17, 1907. An execution in favor of J. D. Stewart against Mrs. Lillie M. Camp, principal, and W. A. Camp, indorser, was levied on certain land, and a claim was interposed by Mundy and others.
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Complaint for land. Before Judge Edwards. Polk superior court. September 17, 1907. An execution in favor of J. D. Stewart against Mrs. Lillie M. Camp, principal, and W. A. Camp, indorser, was levied on certain land, and a claim was interposed by Mundy and others. The plaintiff filed equitable pleadings in aid of his levy, in which he alleged that the land had been held first by Camp and then by his wife under bond for title, with part of the purchase-money paid; that there were transfers of the bond and also conveyances of interests or equities in the land, made for the purpose of defrauding…
1Opinion of the CourtLumpkin, J.
Where in a claim case the plaintiff in ñ. fa. fails to make out any prima facie case, and the claimants introduce no evidence, if the presiding judge, on motion, gives direction as to the disposition to be made of the case because of'such failure on the part of the plaintiff, he should dismiss the levy, not direct a verdict finding the' property not subject. Barnes v. Carter, 120 Ga. 895 (48 S. E. 387); Zipperer v. Mayor and Aldermen of Savannah, 128 Ga. 135 (57 S. E. 311); Equitable Mfg. Co. v. Davis, 130 Ga. 67 (60 S. E. 262). If the evidence introduced by the plaintiff did not merely fail…
2Cases cited3 opinions
- Barnes v. CarterSupreme Court of Georgia · 1904
- Zipperer v. Mayor of SavannahSupreme Court of Georgia · 1907
- Equitable Manufacturing Co. v. DavisSupreme Court of Georgia · 1908
3Cited by9 opinions
- Whitfield v. PittsSupreme Court of Georgia · 1949
- Decatur County Bank v. ThomasonCourt of Appeals of Georgia · 1923
- Jones v. PierceCourt of Appeals of Georgia · 1941
- Callaway v. Life Insurance Co. of VirginiaSupreme Court of Georgia · 1928
- Home Finance Co. v. United Motor SalesCourt of Appeals of Georgia · 1956
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