Askew v. Amos
Supreme Court of Georgia
Claim. Before Judge Harrell. Baker superior court. April 14, 1917. B. H. Askew obtained a fi. fa. based on a mortgage given by Thomas Babón on a certain tract of land twenty years previously, and duly recorded. The fi. fa. was levied on the land, and a claim was filed by W. F. Amos, who claimed to have purchased the land from Rabón about eight years before the levy. The claim was in the usual form, without any supplemental or equitable pleadings.
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Claim. Before Judge Harrell. Baker superior court. April 14, 1917. B. H. Askew obtained a fi. fa. based on a mortgage given by Thomas Babón on a certain tract of land twenty years previously, and duly recorded. The fi. fa. was levied on the land, and a claim was filed by W. F. Amos, who claimed to have purchased the land from Rabón about eight years before the levy. The claim was in the usual form, without any supplemental or equitable pleadings. Amos on the trial sought to show that Askew was estopped from enforcing his fi. fa. against the land, because he (Askew) had stated to him (Amos)…
1Opinion of the CourtHill, J.
1. The general rule is that estoppel, to be relied on,- must be pleaded. Irvine v. Wiley, 145 Ga. 867 (3), 868 (90 S. E. 69).
{a) But equitable estoppel can be urged on the trial of a claim ease, without special pleadings to so authorize. Wright v. McCord, 113 Ga. 881 (2), 882 (39 S. E. 510). And see Frick Co. v. Taylor, 94 Ga. 683 (21 S. E. 713).(b) Where a mortgage fi. fa. is levied upon land and a claim thereto filed, it is not error on the trial to admit evidence tending to show that the mortgage which is the foundation of the fi. fa. has been paid, over the objection that there are no…
2Cases cited5 opinions
- Small v. WilliamsSupreme Court of Georgia · 1891
- Irvine v. WileySupreme Court of Georgia · 1916
- Frick Co. v. TaylorSupreme Court of Georgia · 1894
- Gunn v. HarrisSupreme Court of Georgia · 1892
- Wright v. McCordSupreme Court of Georgia · 1901
3Cited by44 opinions
- Rieves v. SmithSupreme Court of Georgia · 1937
- Bennett v. DavisSupreme Court of Georgia · 1946
- Tucker v. TalmadgeSupreme Court of Georgia · 1938
- Wade v. EasonCourt of Appeals of Georgia · 1923
- Jackson v. SandersSupreme Court of Georgia · 1945
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