Stanaland v. Horne
Stanaland v. Horne
Opinion of the Court
(After stating the foregoing facts). This is the second time this case has been in this court. Stanaland v. Horne, 165 Ga. 685 (supra). When the case was here before it was held, among other things: “Under the allegations in the petition and the amendments relating to the title to the property, the plaintiff would be entitled to recover upon proof establishing the allegations, unless, by competent evidence, the defendant shows title by prescription in himself.” On retrial the verdict was in favor of the defendant. 'In the view we take of this case the verdict was demanded by the evidence, and the alleged errors complained of are immaterial. The record shows the following facts: In 1886 the plaintiff's intestate inherited certain land from her father, which her husband, A. J. Stanaland, sold, disposing of the proceeds about twenty-five years before the present action was brought. The alleged consideration for the title she now claims is the fact that her husband owes her for the land she inherited from her father. On January 11, 1911, the Georgia Land & Timber Co. conveyed the land in question to the husband of plaintiff's intestate, A. J. Stanaland, and C. H. Ferguson. In October, 1911, A. J. Stanaland executed certain notes to F. M. Shore for the sum of $2500. In August, 1914, Shore brought suit against Stanaland on the notes. In January, 1915, Shore obtained a judgment against Stanaland for $2500 principal, $625 interest, and $312.70 attorney's fees, aggregating $3439.70, besides costs. In April, 1915, a fi. fa. was issued upon the judgment and was entered on the general execution docket. In May, 1915, this fi. fa. was levied upon the land in question, but the sheriff's entry erroneously designated the land as the east half instead of the north half of the lot of land levied upon. The foregoing levy having been dismissed on account of the error in description, the execution was relevied in September, 1915, the second entry of levy by the sheriff correctly describing the land. The entry recited that the property was found “in the possession of . . A. J. Stanaland, defendant in fi. fa.” On November 2,
It will be observed that the answer of the defendant avers, and the evidence in support thereof tends to show, that the title to the land in controversy was put into Mattie J. Stanaland, the wife of A. J. Stanaland, for the purpose of hindering, delaying, and defrauding the creditors of A. J. Stanaland. The evidence tends to show that in September, 1915, Ferguson intended to convey his interest in the land to A. J. Stanaland, but in reality he signed a deed conveying the land to Mattie J. Stanaland, not the land sued for, but the whole title to the north half of lot 47 in the 18th district. It is insisted that the deed was intended to convey the north half of lot 40 in the 23d district. The record also shows that on May 20, 1921, Ferguson made a quitclaim deed to Mattie J. Stanaland to any interest or title he may then have had to the land in controversy, reciting that the deed was made to correct an error in the deed of September, 1915. On May 19, 1928, Shore executed
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.