Gibson v. Wilson
Supreme Court of Georgia
Claim. Before Judge Hammond. Columbia superior court. September 29, 1906. Two executions, one in favor of J. W. Gibson, and the other in favor of Bozier Gibson by his next friend, were levied upon a tract of land containing three hundred acres, more' or less, as the property of Mrs. L. W. Gibson, defendant in fi. fa. J. B. Wilson interposed a claim to the levy of each fi. fa.
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Claim. Before Judge Hammond. Columbia superior court. September 29, 1906. Two executions, one in favor of J. W. Gibson, and the other in favor of Bozier Gibson by his next friend, were levied upon a tract of land containing three hundred acres, more' or less, as the property of Mrs. L. W. Gibson, defendant in fi. fa. J. B. Wilson interposed a claim to the levy of each fi. fa. The two claim cases, involving the same issues, were tried together, a verdict being rendered in each case for the claimant. Both cases are before this court for review; but as a decision in one case will necessarily…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The motion for a new trial contains various assignments of error upon the charge of the court; but it is unnecessary to take up these assignments of error, inasmuch as the verdict rendered in the ease was the only one which could have been reached under the evidence. If Mrs. Gibson had been made a party to the suit, issues would have been made for decision' by the jury as to whether or not, upon an accounting between her and the claimant, the debt which she contended the deeds had been made to secure had been paid off, and she, therefore, entitled to a…
2Cases cited1 opinion
- Grace v. MeansSupreme Court of Georgia · 1907
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