113 Ga. 1143 | Ga. | 1901
On the 24th of August, 1895, W. H. Burt obtained a judgment against N. Kuhnen. Subsequently an execution based thereon was levied on a tract -of land as the property of the latter. A claim thereto was interposed by Mrs. Kuhnen. By way of amendment to her claim affidavit, she alleged that she had an equitable title to the land levied on, as it “ was bought and paid for with money belonging to ” her, and “ by mistake and inadvertence the deed to same was made to N. Kuhnen, when it should have been made to claimant.” At the conclusion of the evidence introduced at the trial of the issue thus made, the court directed the jury to return a verdict in her favor. Burt filed a motion for a new trial, which was overruled. The complaint urged here is that the trial court erred in not sustaining the same.
Judgment affirmed.