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Shaner Motor Co. v. Williams

138 S.E. 274, 36 Ga. App. 766, 1927 Ga. App. LEXIS 296
CourtCourt of Appeals of Georgia
DecidedMay 11, 1927
Docket18009
StatusPublished
Cited by4 cases

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

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.

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Related

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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
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Cite This Page — Counsel Stack

Bluebook (online)
138 S.E. 274, 36 Ga. App. 766, 1927 Ga. App. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaner-motor-co-v-williams-gactapp-1927.