115 Ga. 666 | Ga. | 1902
An affidavit was made by Garner for the purpose of foreclosing a laborer’s lien upon the property of Clark
In our opinion, the court erred in refusing to admit the bond in evidence. Had it been introduced and the plaintiff had shown the facts he proposed to establish in connection therewith, it would have appeared that the defendants, without making any point as to the sufficiency of the levy in the matter of description, in effect conceded that their property had been duly seized, and, by giving a forthcoming bond, obtained and retained possession of the same. After doing this, they were estopped from setting up that the entry of levy made by the constable did not sufficiently describe the property in question. The point thus presented is in principle controlled by the-decision of this court in Hilton v. Clements, 108 Ga. 791, wherein it was held that: “ On the trial of a claim case involving title to-personal property levied on under a fi. fa., when the claimant has given a forthcoming bond for the property actually seized by the officer executing the fi. fa., it is not error for the judge to refuse to dismiss the levy on the ground that the entry thereof on the fi. fa. does not sufficiently describe the property.’’
Judgment reversed.