119 Ga. 38 | Ga. | 1903
Mrs. Burk brought trover against Hill for the recovery of a horse, and by her own testimony, and that of the former owner, showed that she had purchased the animal and had been in possession of it for several years, returning it and paying taxes thereon, except that for 1901 she told the tax-collector that as'her son used it more than she did, he ought to pay the taxes, and for that year it was assessed as the property of Nathaniel C. Burk. He and the other members of the family testified that the
Without considering whether the statement that the officer had levied on her son’s colt was such an admission as to estop the plaintiff from denying the title of the purchaser (Civil Code, § 5150), it is sufficient to say that there was much evidence of other admissions by her that the horse belonged to the defendant in fi. fa. While all admissions should be scanned with care (Civil Code, § 5197), still they are evidence; and when a jury bases a verdict thereon, and the trial judge approves the finding, this, court will ■ not interfere with his discretion in refusing to grant a new trial. Judgment affirmed.