Parsons v. Smith

Supreme Court of Georgia

Parsons v. Smith

45 S.E. 697, 119 Ga. 42, 1903 Ga. LEXIS 17

CourtSupreme Court of Georgia

DecidedNovember 16, 1903

StatusPublished

Cited by2 cases

This text of 45 S.E. 697 (Parsons 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

Parsons v. Smith, 45 S.E. 697, 119 Ga. 42, 1903 Ga. LEXIS 17 (Ga. 1903).

Pincite

Opinion

Lamar, J.

This is a claim case in which the plaintiff in'fi. fa. successfully carried the burden by proof that the property levied on had been in the possession of the defendant since the date of the judgment. Knowles v. Jordan, 61 Ga. 300. The claimant introduced a bill of sale older than the judgment; but there was evidence that the plaintiff began to press the defendant for payment of his debt, that the latter thereupon made a bill of sale to the claimant, who is his son, the consideration being services by the son while he was a minor, and that the latter had admitted that the arrangement under which the property was conveyed was binding or not as he saw fit. While the evidence was conflicting, there was sufficient to warrant a verdict finding the property subject. Civil Code, §§2502, 2695.

Judgment affirmed.

All the Justices concur.

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Lamar, J.

This is a claim case in which the plaintiff in'fi. fa. successfully carried the burden by proof that the property levied on had been in the possession of the defendant since the date of the judgment. Knowles v. Jordan, 61 Ga. 300. The claimant introduced a bill of sale older than the judgment; but there was evidence that the plaintiff began to press the defendant for payment of his debt, that the latter thereupon made a bill of sale to the claimant, who is his son, the consideration being services by the son while he was a minor, and that the latter had admitted that the arrangement under which the property was conveyed was binding or not as he saw fit. While the evidence was conflicting, there was sufficient to warrant a verdict finding the property subject. Civil Code, §§2502, 2695.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

45 S.E. 697, 119 Ga. 42, 1903 Ga. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parsons-v-smith-ga-1903.

Opinion

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