111 Ga. 876 | Ga. | 1900
1. When two fi. fas. in favorof the same plaintiff were levied upon realty which was claimed by a third person under a deed from the defendant in execution, of older date than the plaintiff’s judgments, and before the trial of the claim case the plaintiff filed an equitable amendment in aid of his levies, to which there was no demurrer and upon which the parties went to trial and in the course thereof really contested over only two issues, viz.: (1) whether the deed under which the claimant asserted title was one of bargain and sale, or had merely been given to secure a debt, and (2), if the latter, what was the amount of that debt, the plaintiff in the amendment referred to conceding the priority of this
2. That a judgment does not follow, or is not authorized by, the verdict upon which it is entered, is not a good ground of a motion for a new trial.
'3. On the trial of a claim case, wherein a corporation was the claimant, a memorandum in the form of a written statement, in reference to a question involved in the case, made and delivered to the plaintiff in execution by a person not shown to have.been an officer, oran authorized agent, of the corporation at the time the memorandum was .made and delivered, was not admissible in evidence, over the objection of the claimant.
4. When the value of given realty at a specified date wasamaterial inquiry, there was no error in rejecting evidence tending to show what it brought at a public sale had several years thereafter.
Judgment reversed.