140 Ga. 576 | Ga. | 1913
In proceedings brought by George E. Penton against Leo G. Hall and others, a receiver was appointed, who took charge
The only testimony introduced on the trial was that of the intervenor, which was to the effect, that he bought one of the horses from a named person, and that it belonged to him; that he bought the other horse under a conditional-sale agreement, and still owed a portion of the purchase-price to the holder of the note and agreement; and that he had loaned the horses to the defendants. The special assignments of error were to the effect, that the intervenor could not recover without showing title in himself; that as to one horse the evidence showed the title was in the holder of the conditional-sale agreement; and that, possession being shown in the receiver, the intervenor was not entitled to possession without showing title in himself, or a higher right than the receiver’s, which he failed to do, having shown title in .a third person. Under the evidence, onfe of the horses belonged outright to the intervenor; and the question is, whether the court was authorized to direct a verdict in favor of the intervenor for both horses, the legal title to one of them being in a third person.
In an ordinary claim case, where an execution has been levied on property, it has been held that "The interest which will support a claim under our statute is any interest which renders the property not subject to the levying fi. fa. or attachment, or which is inconsistent with the plaintiff’s right to proceed in selling the properly.” Wade v. Hamilton, 30 Ga. 450. And see Hurley v. Epps, 69 Ga. 611; Rowland v. Gregg, 122 Ga. 819 (50 S. E. 949). Under these decisions, had the property been levied on while in the custody of the defendants for whom the receiver was appointed, J. B. Hall (the intervenor) would have had such an interest therein that he could have arrested the proceedings by filing a claim to the property. Property duly acquired by a receiver is in custodia legis. Tindall v. Nisbet 113 Ga. 1114 (39 S. E. 450, 55 L. R. A. 225);
Judgment affirmed.