110 Ga. 766 | Ga. | 1900
An execution for State and county taxes was issued against W. M. & J. H. West, in January, 1892. It was transferred, in April, 1892, to Mrs. Adams, and the transfer recorded thenextdayonthegeueral execution docket. In August, 1893, Mrs. Adams transferred the fi. fa. to Funkhouser, and this transfer was recorded on.the same day on the general execution docket. Funkhouser had the execution levied upon certain lots of land as the property of the defendants in fi. fa. A claim was filed by Male and others, and at the trial of the claim case Funkhouser, the transferee, offered the execution in evidence. It was objected to by the claimants upon the ground that it had never been recorded upon the proper execution docket, and had, therefore, lost its lien as against them. This objection was sustained and the execution ruled out. The court thereupon directed the jury to find a verdict in favor of the claimants, that is, that the property was not subject. Funkhouser filed his bill of exceptions alleging error in the exclusion of the fi. fa. from evidence and in the direction of the verdict.
Judgment reversed.