Simmons v. Realty Investment Co.

This is a levy and claim case. Realty Investment Co., as plaintiff in a distress warrant against S. T. Simmons, as defendant, caused a levy to be made on lots of land 9 and 10 in East Macon, to which land Jennie Simmons, the wife of the defendant, filed a claim. The entry of levy did not recite that the property was in the possession of the defendant, S. T. Simmons. The case proceeded to trial before a jury, and a verdict was rendered against the claimant, finding the property subject. A new trial was refused, and the claimant excepted. The case was tried on an agreed statement of facts. From…