63 Ga. 423 | Ga. | 1879
This was a claim case, on the trial of which, the jury, under the charge of the court, found the property not subject to the fi. fa. levied thereon. A motion was made for a new trial on the several grounds therein set forth, which was overruled, and the plaintiff excepted.
It appears from the evidence in the record, that the plaintiff’s judgment on which the fi. fa. levied on the property was issued, bears date the 19th of January, 1876, and that the claimant was the son of the defendant in fi. fa., who, the 23d day of November, 1869, made a voluntary deed of conveyance to his son, the claimant, to the land-levied on. There was no error in stating to the plaintiff’s counsel that unless ho introduced the deed in evidence it would rule out the parol evidence of the maker of it, “that the consideration of the deed made by him to claimant was love and affection,” said deed having beeu brought into court by the claimant under a notice to produce it, the court stating that it understood the deed to be in evidence before Blount, the witness, testified — the same not being a decision
Let the judgment of the court below be affirmed.