118 Ga. 208 | Ga. | 1903
A fi. fa. in favor of Dill was levied upon certain land as the property of Albert Hamilton, the defendant in execution ; and his wife, Lucinda Hamilton, interposed a claim, based upon the contention that the land had been “ bought and paid for by her,” and that, through mistake or accident, her husband had caused the legal title thereto to be conveyed to himself. On the trial of the issue thus formed, the claimant testified that the money with which the land was purchased had been earned by her prior to her marriage; and in this statement she was corroborated by another witness who professed to know the truth in this regard. She fur
It is unquestionably true, as his honor of the trial bench in effect charged, that one having a secret equity in land can not be heard to assert the same if he stood by and knowingly allowed another to act to his prejudice by extending credit to the holder of the legal title upon the faith of his apparent ownership of the land. Kennedy v. Lee, 72 Ga. 39. It was, however, erroneous to add that if the claimant “ did not know of the credit being extended to the
Judgment reversed.