181 Ga. 337 | Ga. | 1935
Mrs. F. A. Cozart filed suit alleging the following facts: For several years the Citizens National Bank occupied, as a tenant of the plaintiff, a building in Washington, Georgia, where it conducted its banking business. On or about January 26, 1926, the bank ceased to do business, and appointed R. R. Johnson and other named persons as trustees for such of its assets as were not sold and delivered to the National Bank of Wilkes, and at the same time abandoned the occupancy and tenancy of the plaintiff’s building. The plaintiff then took possession of the building and the entire premises, including such fixtures as were left therein by Citizens National Bank as tenant. She immediately rented the building to other tenants, through whom she continued in possession of the building and fixtures until about March 1, 1934, when the Maryland Casualty Company desired to purchase a money safe which had been left in the building by the Citizens National Bank, but refused to buy it unless and until the plaintiff and “said trustees” of the bank should jointly convey the property. The trustees and the plaintiff both agreed to do this, and “sold said safe to said Maryland Casualty Company for the sum of $162.50, it being understood and agreed between all the parties that said sum should be paid to your petitioner and said trustees jointly, that said Maryland Casualty Company should be relieved from any question of: the ownership of said safe, and that your petitioner and
In the meantime the National Bank of Wilkes had failed, and John C. Lewis had been appointed receiver to liquidate its affairs. He was permitted, without objection, to intervene and to file an answer, which in substance was the same as that filed by the trustees. The contract between the two banks, referred to in each answer, provided that the National Bank of Wilkes would assume and pay off the liabilities of the Citizens National Bank in eonsid
The jury rendered a verdict “for the defendant.” The plaintiff’s motion for new trial was overruled, and she excepted. The motion contained the general grounds and five special grounds. Special ground 1 complained of-the admission in evidence of the contract referred to in the answer of the trustees and in the answer filed by the intervenor, the objections being substantially the same as those stated in the motion to strike a portion of the answer of the trustees, as indicated above. Special ground 2 complained of the admission in evidence of a deed from the Citizens National Bank to National Bank of Wilkes, dated January 30, 1926, conveying certain tracts of land for a stated consideration, in pursu
The evidence established the tenancy, the tenant’s removal, and the leaving of the safe in the plaintiff’s building, as alleged. There was no evidence of an express agreement touching the rights of the parties with respect to the,safe, although it appeared that the trustees and their representatives were permitted to enter the building, and the vault containing the safe, for some time following the tenant’s removal from the building. The safe remained in the vault, in the possession of the plaintiff’s subsequent tenants for the period stated in the petition; but there was nothing to show any notice of adverse possession. The safe was finally sold, and the proceeds deposited, under the circumstances alleged. With reference to the nature of the safe and its connection with the building, the evidence was as follows: The vault “was contracted” and “went into Mrs. Cozart’s building.” The vault was not “burglar-proof,” and the tenant bought what was thought to be the best safe of its kind for the protection of its money and securities. The safe stood upon rollers attached to it at the bottom, and on which, “with two or three to push,” it was movable at pleasure. It was purchased “as is,” and rolled into the vault, and “ just sat in there.” It was not attached to anything. There was some evidence that it was necessary to remove the door from the safe in order to place it within the vault or take it out, but it was unnecessary to remove the door of the vault, or otherwise to injure or interfere with any part of the plaintiff’s building.
Since the safe was not attached to the building and was movable at pleasure upon its rollers, with no injury to any part of the
Now, to examine first the exceptions to the charge of the court, and to consider these in the light of the foregoing principles, it is clear that the excerpts complained of were not erroneous for any reason urged. In the circumstances, it can not be said that these charges relating to permissive possession were unwarranted by the pleadings or the evidence, or that they were improper merely because it may be true as matter of law, which' is assumed for the purposes of this case, that, without any notice of claim by the landlord, a tenant abandons such trade fixtures as he leaves in the building on his removal from the premises. As stated above, the evidence
A contract between the Citizens National Bank and the National Bank of Wilkes, purporting to create a lien in favor of the latter bank, was admitted in evidence over objection that the description of the property was insufficient to include the safe, and that the contract was not recorded. A deed and a note from the former to the latter bank were admitted over objection that these documents were irrelevant and immaterial. We do not pass upon the technical correctness of any of these rulings, it appearing from the record that, even if erroneous, they were harmless to the plaintiff. The transcript of the court’s charge discloses that although at the outset the judge stated the contentions of the plaintiff and the trustees as expressed in the pleadings, all later instructions, with one exception explaining the effect of a verdict for the defendants, were confined to the questions of abandonment and prescription, without reference to airy contention pertaining to the evidence so admitted over objection, and without in any manner qualifying the plaintiff’s right of recovery by the facts shown by such evidence. For illustration, the concluding portion of the charge was as follows: “I charge you, gentlemen, if you believe under the evidence, facts and circumstances of this case, that the contentions of the plaintiff are correct, that is, if you should believe, under the evidence, facts and circumstances of this case, that this safe was a fixture, in accordance with the rules of law that I have given you in charge, and that it was left there in the building at the time it was vacated by Citizens National Bank, why, in that event, I charge you that the plaintiff would be entitled to recover the proceeds arising from the sale of this safe. I also charge you, gentlemen, that if you should believe, under the evidence, facts and circumstances of this case, after applying the rules of law as given you thereto in charge, that the plaintiff has acquired title by adverse possession
Judgment affirmed.