Smiley v. Padgett
Supreme Court of Georgia
Levy and claim. Before Judge Fite. Gordon superior court. December 12, 1904. An execution, issued on the foreclosure of a laborer’s lien in favor of Padgett, was levied on a lot of wood as the property of Huffaker, and Smiley interposed a claim. The jury found the property subject. The claimant’s motion for a new trial was overruled, and he excepted.
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Levy and claim. Before Judge Fite. Gordon superior court. December 12, 1904. An execution, issued on the foreclosure of a laborer’s lien in favor of Padgett, was levied on a lot of wood as the property of Huffaker, and Smiley interposed a claim. The jury found the property subject. The claimant’s motion for a new trial was overruled, and he excepted. The motion was on the grounds, that the verdict was contrary to the evidence, and that the court admitted evidence that the defendant in execution had stated, before the levy, that the wood was his.
1Opinion of the CourtCobb, J.
1. In Rutledge v. Hudson, 80 Ga. 267 (6), it was held that where the claimant admitted that the defendant in execution was in possession at the time of the levy, any declarations made by the defendant up to the time of the levy and while in possession are admissible in evidence. The principle,of this decision would extend to a case where the evidence showed that the defendant was in possession. Whenever there is evidence of possession in the defendant in execution at the time of the levy, his declarations may be admitted. In such a case, however, the jury should be instructed to disregard the…
2Cited by6 opinions
- Rountree v. GauldenSupreme Court of Georgia · 1907
- Jarriel v. Savannah Guano Co.Court of Appeals of Georgia · 1925
- Bacon v. Hinesville BankCourt of Appeals of Georgia · 1928
- Barker v. JohnsonCourt of Appeals of Texas · 1913
- Smith v. JohnsonCourt of Appeals of Georgia · 1913
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