91 Ga. 759 | Ga. | 1893
The property levied upon was a house and lot in the town of Cornelia. It did not appear that J. C. Edwards,, the defendant in execution, had ever been in actual possession of it. The lot in question was conveyed, February 21, 1884, by H. P. Kimsey to J. H. Derrick & Son;, by the latter, May 11, 1887, to J. F. Edwards; and by him, January 3,1888, to his daughter Emma E. Edwards,, wife of J. C. Edwards. The deeds from Kimsey to-Derrick & Son, and from the latter to J. F. Edwards,, were both recorded August 4, 1887. The deed from J. F. Edwards to Mrs. Edwards was recorded July 27,. 1891. She conveyed the property, June 3, 1889, to-H. B. Rice, the claimant, and her deed to him was recorded July 27, 1891. It appeared from the testimony of Warren, the plaintiff in fi. fa., that J. C. Edwards,, “as contractor,” employed him, October 26, 1887, to-build a house upon the lot, which he did. The execution was against James C. Edwards, “ contractor.” It-does not appear precisely when the house was finished, but presumably it was early in the year 1888. While-Warren was building the house, J. F. Edwards and his daughter lived in the town of Cornelia and knew the fact that the house was being built. Rice, the claimant,.
Warren sued J. C. Edwards for work done by the former in making the improvements, and pending the litigation which followed between these parties, Rice lived in the house on the lot and was aware of the litigation. He, however, obtained his deed from Mrs. Edwards several months before judgment was rendered in favor of Warren. There was not a particle of evidence to show that J. E. Edwards or Mrs. Edwards or Rice was guilty of any fraud whatever, or that the transfer of the title to Rice was made for the purpose of preventing Warren from getting payment for his work.
Judgment reversed.