122 Ga. 374 | Ga. | 1905
(After stating the facts.)
It is doubtful if the facts that Mrs. Austin negotiated the trade for the purchase of the land with Stewart, that she paid all the purchase-money that had been paid, and that H. C. Austin had never claimed any interest in the land were sufficient proof that he had no interest therein; especially when it seems probable from the testimony that Stewart refused to sell the land to Mrs. Austin alone, but insisted upon selling it to her and her husband. Be this as it may, H. C. Austin apparently had a half interest in the land, subject to the plaintiff’s execution; and when Mrs. Austin desired and attempted to obtain a loan on the land, she was met with a refusal, unless this apparent lien of the plaintiff should be released. There was evidence that both Austin and his wife endeavored to induce the plaintiff to relinquish its apparent right to subject the land to its judgment; that the plaintiff at first declined to do so, but finally consented, provided Mrs. Austin would enter into the obligation sued on to pay the amounts due on the execution against her husband. While Mrs. Austin, before she executed the obligation in question, told the attorney for the plaintiff that her husband had no interest in the land, it does not appear that the attorney accepted this statement as being true, or in any way conceded that the plaintiff’s judgment had no
Judgment reversed.