88 Ga. 248 | Ga. | 1891
Judgment reversed.
The plaintiff introduced both the executions. That which was not levied was produced by defendant under notice. It was for the sum of $100 principal, with interest and costs, and contained an entry of transfer, for value received, to W. II. Yates, with power to collect the same, on April 13, 1887. The evidence for defendant was: In the spring of 1887, he and plaintiff made an agreement by which both the executions were settled. Defendant at that time could not pay him the amount due on the fi. fas., having no property except a mule
cited Code, §§2878, 2879, 2881, 3713; 9 Ga. 224, 240; 13 Ga. 406.
cited Code, §2878; Ad. Con. §378.