Preetorius v. Tootle
Preetorius v. Tootle
Opinion of the Court
To the levy of an execution dated September, 1923, on a one-fifth undivided interest in 531 acres of land in Tattnall County as the property of E. 1L Tootle, his wife, Mrs. E. H. Tootle, filed a claim. After conclusion of the evidence for both sides, and the charge of the court, the jury returned a verdict finding the property not subject. The plaintiff’s motion for new trial was overruled, and he excepted.
The rulings stated in headnotes 1, 2, and 3 require no elaboration.
The remaining ground of the motion for a new trial excepts to a ruling in allowing the introduction of evidence to show that the ñ. fa. as against which the claim was interposed had been paid. This was not error. It was competent for the claimant to show that the fi. fa. levied upon the land which she claims had been paid in full.' In Ansley Co. v. O’Byrne, 120 Ga. 618 (48 S. E. 228), it was said: “The claimant may have a legal title, but he may have
Judgment affirmed.
Reference
- Full Case Name
- PREETORIUS v. TOOTLE
- Status
- Published