103 Ga. 555 | Ga. | 1897
1. It is, in the trial of a claim case arising upon a levy on realty, competent to prove by the parol testimony of a levying officer that a previous levy upon personalty made by him had been unproductive; and to this end he may testify that he had, by the plaintiff in-execution, been directed to dismiss this levy, and had in fact done so, but failed to make the entry of dismissal upon the execution.
2. While possession of land by a husband and his wife is presumptively his possession, such presumption may be rebutted. When, therefore, on the trial of a claim to land the right of the plaintiff in execution to subject the same depended solely upon the question whether or not the defend
Judgment reversed.