39 Ga. App. 214 | Ga. Ct. App. | 1929
1. Whatever inference tending to establish title in the defendant in fi. fa. may in a claim case be drawn from the fact that at the time of the levy the property levied upon was in his possession, the inference is conclusively rebutted by undisputed evidence that the property consisted in part of crops grown upon land belonging in part to the claimant and in part rented by the claimant from the owner and for which the claimant paid the rent out of her own money;
2. Upon the trial of a claim case the- only issue is as to the title of the property levied on. Blackstock v. Blackman, 152 Ga. 179 (5) 108 S. E. 775); Denton v. Hannah, 12 Ga. App. 494 (9) (77 S. E. 672). Where the property levied on consisted of crops grown in the year 1927 and claimed by the wife of the defendant in fi. fa., evidence that in the year 1924 the plaintiff sold fertilizer to the defendant in fi. fa. under the belief that the defendant in fi. fa. owned the land upon which the crops levied on were made three years later, and that the defendant in fi. fa. then told the witness that the land belonged to the defendant in fi. fa., was irrelevant and immaterial to the issue. Title to or proprietorship in the farm in 1924 did not in any way tend to illustrate the title to the crops grown on the same farm in 1927, at a time when the land upon which these crops were made in part belonged to the claimant or were rented by her from another. This evidence tended to prejudice the claimant’s case and was improperly admitted.
3. The verdict found against the claimant, finding the property subject, was without evidence to support it, and the court erred, as against the claimant, in admitting in evidence the testimony referred to in paragraph 2-above.
Judgment reversed.