14 Ga. App. 597 | Ga. Ct. App. | 1914
Purdom, administrator of the estate of W. M. Gaddy, sued E. L. Darling in a justice’s court for $35, the alleged value of one set of harness, a horse blanket, and a saddle, alleged to be property of the said estate. From the evidence it appears that these articles were in the possession of the defendant. As to how they came into his possession the evidence in the record is silent. The administrator learned that they were in the possession of Darling, and went to see him, and Darling admitted having them, and that he had no claim on them. Thereupon the administrator told Darling that he desired him to hold the property for him as administrator, and not to part with the possession thereof to any one without his order; and Darling agreed to hold the property subject to his order. Shortly thereafter the son of W. M. Gaddy, the decedent, went to the defendant and said that he was about to leave town, and that he would take these articles. The defendant-asked him if he had seen the administrator about it, and he replied that he had, and that it was all right. Dpon this representation he turned the articles over to the son. Afterwards the administrator demanded the property of him, and he replied that he had turned it over to the son, as the son told him it was all right with the administrator. The administrator then brought this suit, to recover the value of the property. The undisputed evidence showed that it was worth $35. The jury returned a verdict against the defendant for that sum. The defendant sued out certiorari, and he