59 Ga. 621 | Ga. | 1877
This was a claim case, on the trial of which the jury, under the charge of the court, found the property levied on not subject. The plaintiff in fi. fa. made a motion for a new trial, on two grounds — first, because the court erred in refusing to allow the witness, N. L. Redd, to answer the question “ whether the articles named in the account were bought for the use of the plantation of Henrietta E. Redd, in Chattahoochee county; ” second, because the court erred in charging the 'jury “ that if they believed all the testimony introduced in the case, they could not find the property subject to the execution.” The motion for a new trial was overruled, and the plaintiff excepted.
It appears from the evidence in the record, that the plaintiff’s fi. fa. issued on a judgment obtained in May, 1875, against Albert G. Redd and Henrietta E. Redd, which was levied on ten acres of land about one mile north of Columbus, including the improvements thereon, known as the residence of A. G. Redd, and in his possession — levied on as the property of Henrietta E. Redd. The property was claimed by A. G. Redd, as trustee for his wife, the said Henrietta E., under a trust deed executed in pursuance of a decree of the superior court of Muscogee county, by the said A. G. Redd, on the 6th day of November, 1865, by
Let the judgment of the court below be affirmed.