118 Ga. 221 | Ga. | 1903
In December, 1891, the Broadway National Bank obtained a judgment against McGhee & Co. Upon this judgment execution was issued, and, in 1896, was levied upon certain land as the property of J. F. McGhee, one of the partners of the firm of McGhee & Co. King filed a claim to a portion of the land levied upon. King subsequently died, and his executor was made a party in his stead. , On the trial of the case the plaintiff in fi. fa. offered in evidence certified copies of two. deeds which were necessary to show title in the defendant in fi. fa. The claimant objected on the ground that the original deeds had not been sufficiently accounted for. The objection was overruled. It was also shown at the trial that in 1888 McGhee had sold the land in controversy to one Holt, the latter paying one fourth of the purchase-money and giving his promissory notes for thfe remainder. The record does not disclose that Holt ever took possession of the property. It does disclose that McGhee sued Holt upon the notes given for the purchase-money, and obtained judgment thereon in January, 1892. In the same year other creditors of Holt filed an equitable petition against him, and had a receiver appointed to take charge of his effects and administer his assets for the benefit of creditors. In 1893 the court passed an order authorizing the receiver to sell the real property of Holt, and provided in the order that, if any of the realty was held under bond for titles, the receiver should give notice to the maker and holder of the bond, and, upon the written consent of the maker, should sell the entire interest in the land, the proceeds of the sale being first applied to the payment of the amount due to such maker for the purchase-money. The receiver sold the property here in dispute, and recited in his deed that he had obtained the written consent of McGhee to sell the entire interest. Upon the foregoing facts, the case was submitted to the judge without the intervention of a jury. He found that the property was subject to the lien of the bank’s judgment- The claimant moved for a new trial, the motion was overruled, and he excepted.
Judgment affirmed.