107 Ga. 804 | Ga. | 1899
Mrs. A. G. Grant brought her action of bailtrover against O. H. Miller, to recover from him a certain horse, her petition being in the usual form, asserting title to the property and alleging that the defendant was in possession thereof and refused to surrender the same. In response to this petition the defendant by his answer alleged that the property •did not belong to the plaintiff but was owned by the defendant, and. gave bail-bond and security. On the trial of the case it appeared from plaintiff’s testimony that her husband sold the animal to the defendant, with the understanding and agreement between the two that a part of the proceeds of the :sale should be credited by the defendant oh a note for land due by the husband to the defendant, and the balance on some •other indebtedness due by him to the defendant, and that at -the time of this trade the defendant knew that the property belonged to the plaintiff in this suit. Plaintiff went with her husband to the defendant’s at the time the trade was made. Plaintiff does not think she made any demand for the property ■on the defendant before bringing this suit, but she told the defendant she did not think it was right for him to take back the land and keep the horse too. After the testimony had closed, on motion of defendant’s counsel the court granted a nonsuit, •on the ground that'the evidence showed no demand made upon the defendant for the property before the suit was filed.
Judgment reversed.