McSwain v. Estroff

Court of Appeals of Georgia

McSwain v. Estroff

129 S.E. 16, 34 Ga. App. 183, 1925 Ga. App. LEXIS 131

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1925

Docket16445

StatusPublished

Cited by6 cases

This text of 129 S.E. 16 (McSwain v. Estroff) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McSwain v. Estroff, 129 S.E. 16, 34 Ga. App. 183, 1925 Ga. App. LEXIS 131 (Ga. Ct. App. 1925).

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Opinion

Luke, J.

Defendant in execution was not in possession of the four bales of cotton levied on, at the time of the levy, and the plaintiff assumed the burden of proof. In its final analysis, the verdict [184]*184finding the property subject to the fi. fa. rested solely upon the testimony of a witness that the defendant in execution told him that the cotton in question was hers. This declaration was made after the rendition of the judgment in the main case, shortly before the execution based thereon had been levied on the cotton claimed, and not in the hearing of either of the two claimants. This evidence was admitted without objection. The gist of the claimants’ evidence was that they were half-croppers of their mother, the defendant in execution, that there had been a final and complete division of the cotton raised by them between them and her, and that they owed her nothing for supplies.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

Defendant in execution was not in possession of the four bales of cotton levied on, at the time of the levy, and the plaintiff assumed the burden of proof. In its final analysis, the verdict [184]*184finding the property subject to the fi. fa. rested solely upon the testimony of a witness that the defendant in execution told him that the cotton in question was hers. This declaration was made after the rendition of the judgment in the main case, shortly before the execution based thereon had been levied on the cotton claimed, and not in the hearing of either of the two claimants. This evidence was admitted without objection. The gist of the claimants’ evidence was that they were half-croppers of their mother, the defendant in execution, that there had been a final and complete division of the cotton raised by them between them and her, and that they owed her nothing for supplies.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

129 S.E. 16, 34 Ga. App. 183, 1925 Ga. App. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcswain-v-estroff-gactapp-1925.

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