Home/Court of Appeals of Georgia/Shaner Motor Co. v. Williams

Shaner Motor Co. v. Williams

138 S.E. 274, 36 Ga. App. 766, 1927 Ga. App. LEXIS 296
Court of Appeals of Georgia·Decided May 11, 1927·No. 18009·Published·Cited by 4 cases

Opinion

Broyles, C. J.

1. When husband and wife live together, the house in which they live and all property in the house and upon the premises are in the legal possession of the husband as the head of the family, and ' presumptively the title to such property is also in the husband. Smith v. Berman, 8 Ga. App. 262 (2), 271 (68 S. E. 1014).

2. The issue in a claim case is whether the property levied on belongs to the defendant in fi. fa., or to the claimant. Cecil v. Gazan, 71 Ga. 631.

3. In the instant case the evidence for the plaintiff in fi. fa. showed prima facie that the property levied upon belonged to the defendant in fi. fa.; and the court erred in directing a verdict in favor of the claimant.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Shaner Motor Co. v. Williams, 138 S.E. 274, 36 Ga. App. 766, 1927 Ga. App. LEXIS 296 (Ga. Ct. App. 1927).

138 S.E. 274 (Shaner Motor Co. v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Combs v. Spurling
65 S.E.2d 63 (Court of Appeals of Georgia, 1951)
Upchurch v. Upchurch
45 S.E.2d 855 (Court of Appeals of Georgia, 1947)
Corker v. Quick
2 S.E.2d 157 (Court of Appeals of Georgia, 1939)
Temple v. State
187 S.E. 138 (Court of Appeals of Georgia, 1936)