169 Ga. 465 | Ga. | 1929
Lead Opinion
The exception is to the judgment refusing a new trial. The ease arose by the levy of an execution in favor of E. H. Sikes against L. Y. DeLoaeh on land, and the filing of claim by E. Y. DeLoaeh, the wife of the defendant in fi. fa. The case was previously' before this court, where a full statement of the facts may be found. Sikes v. DeLoach, 166 Ga. 887 (144 S. E. 655). On the trial tire evidence showed, without contradiction, that the land levied upon was formerly the property of Frank Smith, the father of the claimant. Smith executed a deed to L. V. DeLoach on
The claimant testified that she consented to the making of the bond for title by her father to her husband, L. Y. DeLoach, so that he could borrow money on it. I had the deed put in his name because he could transact business better than I could, but I never let him use the land only to make improvements on it. He got my permission whenever he borrowed money on it. Everybody knew that I claimed it and that it was my property. I didn’t put the Claxton Bank on notice that it was my property when they were putting money on it, but I suppose they knew it was mine; father was with Mr. DeLoach when he borrowed the money. I didn’t put the Chicamauga Trust Company on notice that it was my land; they didn’t ask me. My father gave me an interest of $500 in the first tract'of land, and we paid the remaining $300 by selling timber off the place. Mr. DeLoach paid the $300 for me. Ele cut the timber off the land and sold it and paid the money for me. I knew all this time from 1893 that the title to the land was in Mr.
The court directed a verdict finding the property subject to the fi. fa. The claimant moved for a new trial, complaining that the court erred in directing the verdict, because there was a disputed issue of fact which should have been submitted to the jury; It is contended, although the claimant allowed the title to the land to be in the name of her husband so that he could borrow money and thus obtain credit, that the fi. fa. levied upon the land was obtained by a suit on notes not originally made to the plaintiff in fi. fa., and that the plaintiff in fi. fa. did not extend credit on the faith of the ownership of the property by the husband, L. V. DeLoach. This contention is not supported by the evidence. The evidence demands a finding to the contrary. Without conflict, it is shown that for a number of years, that is, from 1893 until the giving of the notice of suit, title, either legal or equitable, remained in the husband with the consent of the claimant for the acknowledged purpose of obtaining credit and negotiating loans. The evidence shows that Sikes, defendant in error, did not have notice of the secret equity when he bought the outstanding notes of the defendant
Judgment affirmed.
Concurrence Opinion
I concur in the judgment of affirmance. The evidence authorized the verdict, and I am willing to sustain the judgment of the trial court in his approval of the verdict rendered, for he was at the trial and saw and heard the witnesses; but I am unwilling to hold as matter of law that the verdict returned was demanded by the evidence.