30 Ga. App. 140 | Ga. Ct. App. | 1923
(After stating the foregoing facts.)
Only the 4th headnote needs to be discussed. Under the facts
Section 5926 of the Civil Code of 1910, is as follows: “Where there is no conflict in the evidence, and that introduced with all reasonable deductions or inferences therefrom demands a particular verdict, the court may direct the jury to find for the party entitled thereto.” In Shedd v. Standard Sewing Machine Co., 21 Ga. App. 373 (2) (94 S. E. 646), this court, quoting from Skinner v. Braswell, 126 Ga. 761 (55 S. E. 914), held: “The mere fact that there are conflicts in the testimony does not render the direction of a verdict in favor of a party erroneous, when it appears that the conflicts are immaterial, and that, giving to the opposite party the benefit of the most favorable view of the evidence as a whole and of all legitimate inferences therefrom, the verdict against him is demanded.” In the case under consideration we do not think there are such material conflicts in the testimony as would require the question of the right of the plaintiff to recover to be submitted to the jury. The plaintiff sold the property in Florida to Putnam, and took notes retaining the title; the property was brought into Georgia; the notes were properly recorded in the county in Georgia where the property was located, within six months after it was brought into this State, and the proof of these things required a finding for the plaintiff, the amount of the verdict being left to the jury.
But'the defendant contends that he bought the property without-notice and before the notes containing the retention of title were recorded, and even before they could have been legally recorded in Georgia, because of lack of probate. This can make no difference under the laws of Georgia. A purchaser of personal property brought into this State from another State buys it under the law that allows the holder of the mortgage on the property or of a note in which title to it is retained, to be recorded within six months after the property is brought into this State. In Armitage-Herschell Co. v. Muscogee Beal Estate Co., 119 Ga. 552
Judgment affirmed.