152 Ga. 179 | Ga. | 1921
Mrs. W. Y. Blackstock filed a claim to a house and lot in the city of Bremen, and in her claim affidavit she stated that the said property had been levied upon by the sheriff under and by virtue of a fi. fa. in favor of B. T. Blackman against W. Y. Blackstock. The property was found subject, and Mrs. Blackstock, claimant, made a motion for a new trial, and subsequently amended the same, which was overruled, and she excepted. The evidence in regard to possession of the property at the time of the rendition of the judgment and subsequently was conflicting. The levy is not set out in the record, and it is to be assumed that it contained no recital as to .possession. It does not appear from the record that the claimant made any admissions in respect thereto, and the jury might have found either way. The plaintiff's fi. fa. was not introduced in evidence. In the record before us, immediately following the claim affidavit and the entry of filing the same appears what purports to be a copy of a fi. fa. from a judgment rendered.by the city court of Atlanta in favor of B. Y. Blackman as plaintiff against W. Y. Blackstock as defendant, dated the 14th day of May, 1912. The bill of exceptions recites that B. T. Blackman is plaintiff in fi. fa., thus showing a variance between this fi. fa. and the name of the plaintiff in fi. fa. as to the second initial. The motion for new trial contaLmd the general grounds and the following amended grounds: “ First: Movant contends that the court committed error on the trial of. said case in admitting in evidence the record of a deed purporting to be a deed from H. J. Denham to W. Y. Blackstock, purporting to convey the premises in dispute, upon the introduction of the following evidence offered by the plaintiff, laying the
Judgment reversed.