Vaughn v. Bank of Toccoa

Court of Appeals of Georgia

Vaughn v. Bank of Toccoa

135 S.E. 111, 36 Ga. App. 45, 1926 Ga. App. LEXIS 747

CourtCourt of Appeals of Georgia

DecidedOctober 13, 1926

Docket17329

StatusPublished

This text of 135 S.E. 111 (Vaughn v. Bank of Toccoa) 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

Vaughn v. Bank of Toccoa, 135 S.E. 111, 36 Ga. App. 45, 1926 Ga. App. LEXIS 747 (Ga. Ct. App. 1926).

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Opinion

Jenkins, P. J.

“In order to maintain a claim to chattels which is founded solely on the contention that they are the product or increment of duly exempted personalty, it is incumbent upon the claimant to prove . affirmatively that the subject-matter of the claim was obtained in exchange for exempted property or the proceeds thereof, or by labor exerted in connection with the use or consumption of such property, so that the newly acquired personalty could with fairness and reason be said to take the place of that which had been set apart.” Culver v. Tappan, 113 Ga. 525 (38 S. E. 944).

It indisputably appearing that the personal property levied upon consisted largely of property acquired from a source independent of the proceeds of the homestead, and the defendant in fi. fa. having failed to show which part, if any, of the property levied upon represented the proceeds of the homestead, the verdict sustaining the levy was demanded by the evidence. Judgment affirmed.

Stephens and Bell, JJ., concur.

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Jenkins, P. J.

“In order to maintain a claim to chattels which is founded solely on the contention that they are the product or increment of duly exempted personalty, it is incumbent upon the claimant to prove . affirmatively that the subject-matter of the claim was obtained in exchange for exempted property or the proceeds thereof, or by labor exerted in connection with the use or consumption of such property, so that the newly acquired personalty could with fairness and reason be said to take the place of that which had been set apart.” Culver v. Tappan, 113 Ga. 525 (38 S. E. 944).

It indisputably appearing that the personal property levied upon consisted largely of property acquired from a source independent of the proceeds of the homestead, and the defendant in fi. fa. having failed to show which part, if any, of the property levied upon represented the proceeds of the homestead, the verdict sustaining the levy was demanded by the evidence. Judgment affirmed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

135 S.E. 111, 36 Ga. App. 45, 1926 Ga. App. LEXIS 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughn-v-bank-of-toccoa-gactapp-1926.

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