111 Ga. 102 | Ga. | 1900
It appears from the record that Napier, Worsham & Company obtained, in October, 1893, a judgment against Beck, and had execution issued thereon. This execution was, in December, 1898, levied upon certain live stock then in the possession of Beck. Evans filed a claim, asserting that the property belonged not to Beck, the defendant, but to him. When the claim case came on for trial, Evans offered to amend his claim by averring that in April, 1898, Beck applied to him for live stock with which to conduct a farm; that Evans declined to furnish the stock, because he knew of the judgment against Beck; that he subsequently agreed with Beck that he would furnish $500 with which Beck was to go into the market and, as his agent, purchase the live stock he desired; that, under the agreement, Beck was to have the use of the stock at a reasonable rental, and was to be allowed, if he within a reasonable time desired to do so, to purchase the stock from Evans for the cost price with interest thereon ; that Beck took the money, purchased the stock as agreed, and kept possession of it; that he had never purchased the stock from Evans, and the title remained in Evans; that the stock was purchased from divers and 'sundry persons whom Evans did not know, and that, in order to keep a record of the transaction, Evans took from Beck a bill of sale of the stock. This amendment was objected to; the court sustained the objection and refused to allow the amendment, and thereupon directed a verdict finding the property subject. Evans filed his bill of exceptions, claiming that the court erred in refusing to allow the amendment and in directing a verdict against the claimant. It was claimed by counsel for the defendants in error that the judgment disallowing the
Judgment reversed.