128 Ga. 776 | Ga. | 1907
This was a claim case. Mrs. Hopper was claimant. Noah Walker was defendant in attachment. The jury found the property subject. The claimant moved for a new trial, which being refused, exception was taken and the ruling o'f the court refusing to grant a new trial is here for review. The first headnote sufficiently deals with the matter to which it relates. Error is assigned upon the charge, of the court and upon the admission of certain evidence; but as the verdict was demanded by other evidence, omitting all reference .to the evidence which was„ admitted over objection, we will not consider the assignment of error made upon the charge of the court, or upon the ruling of the court admitting the evidence to which objection was made. It remains only to deal with the general grounds. The plaintiff in attachment introduced the attachment record and levy describing an undivided one-half interest in a certain tract of land, and proved that J. M. Brooks had died before the attachment was sued out. ’ The plaintiff then introduced a written agreement between the claimant, Julia' A. Hopper, and. the defendant in attachment, Noah Walker, made at. the March term, 1894, of the superior court of Banks County, whereby they settled a suit then pending in said court between them, involving the title to the land, which agreement was approved and made the judgment of the court. By the terms of the agreement it was provided, among other things, that the said Julia A. Hopper should have possession of the premises
Judgment affirmed.