122 Ga. 819 | Ga. | 1905
(After stating the facts.) A claim is a statutory
proceeding which is authorized to be interposed where a levy has been made on property; but the statute contemplates that this •shall be done by some person who claims the property and “ shall make oath” thereto. Civil Code, § 4611. On the trial of a claim, after the plaintiff has made out a prima facie case, in order to successfully overcome it the claimants must show title in themselves, or such an interest as would be superior to the right of the plaintiff in fi. fa. to proceed with the execution or attachment. They can not sustain a .claim in favor of themselves by showing title in a third person. Robinson v. Schly, 6 Ga. 516, 529; Moody v. Travis, 76 Ga. 833; Beers v. Dawson, 8 Ga. 556; Stirks v. Johnson, 99 Ga. 298; Thompson v. Waterman, 100 Ga. 586; Parker v. Mathews, 106 Ga. 49; Burt v. Rubley, 113 Ga. 1144. Accord
The claimants relied upon the case of Wade v. Hamilton, 30 Ga. 450. The second headnote of that case is as follows: “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 plaintiffs right to proceed in selling the property.” In that case it appeared that the owner of cotton obtained an advance from a firm and delivered the cotton to a common carrier consigned to them. It was held that this gave to the factors such an interest as would
Judgment reversed.