Public-domain · open source
OpenJurist

149 Ga. 212

Smith v. Johnson

Supreme Court of Georgia

Decided June 14, 1919

Supreme Court of Georgia · decided 1919-06-14

<p>Claim. Before Judge Wright. Floyd superior court. April 1, 1919.</p>

Cited by 2 later decisions — most recently May 1936

2 state decisions

Relies on King v. Fitzgerald, Ocilla & Broxton Railroad · Wade & Co. v. Hamilton

Good law ✅— No negative treatment on recordhow we know

Decided 1919-06-14

View the full empirical analysis of this case →

Per Curiam.

¶1Where land was levied upon, an obligee in a bond for title to the land, alleged to have been made to her by the plaintiff in fl. fa., with a portion of the purchase-money paid (the judgment upon which *213the fi. fa. issued having been rendered after the execution of the alleged bond), had such an interest in the land as authorized the interposition of a statutory claim. See Wade v. Hamilton, 30 Ga. 450 (2); Wheeler v. Martin, 145 Ga. 164 (88 S. E. 951). The court, on the trial, erred in rejecting as evidence the alleged bond, and in directing a verdict for the plaintiff in fi. fa.

No. 1393.June 14, 1919.Claim. Before Judge Wright. Floyd superior court. April 1, 1919.M. B. Eubanks, for plaintiff in error. C. I. Carey, contra.

¶2Judgment reversed.

All the Justices concur, except Beck, P. J., absent.
/149/ga/212 · .json · Public domain