Cringan, Watkins & Co. v. Smith

Supreme Court of Georgia

Cringan, Watkins & Co. v. Smith

1 Ga. L. Rep. 243

DecidedJuly 1, 1885

StatusPublished

This text of 1 Ga. L. Rep. 243 (Cringan, Watkins & Co. v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cringan, Watkins & Co. v. Smith, 1 Ga. L. Rep. 243 (Ga. 1885).

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Opinion

Blandford, J.

Where, in a claim case, the plaintiff proved that the ■defendant in fi. fa. inherited the land levied on from his father, and that in 1879 it was apportioned to him and he went into possession, ¿and the tenant in possession testified that he rented the land from one J. T. Smith, that he thought it belonged to the defendant in fi. fa., and never heard that it belonged to defendant’s wife until this case begab, ■when it was claimed by Smith as her trustee, this was sufficient to put the claimant on proof of his title; and it was error to dismiss the levy ■on motion.

Judgment reversed.

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Blandford, J.

Where, in a claim case, the plaintiff proved that the ■defendant in fi. fa. inherited the land levied on from his father, and that in 1879 it was apportioned to him and he went into possession, ¿and the tenant in possession testified that he rented the land from one J. T. Smith, that he thought it belonged to the defendant in fi. fa., and never heard that it belonged to defendant’s wife until this case begab, ■when it was claimed by Smith as her trustee, this was sufficient to put the claimant on proof of his title; and it was error to dismiss the levy ■on motion.

Judgment reversed.

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Bluebook (online)

1 Ga. L. Rep. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cringan-watkins-co-v-smith-ga-1885.