117 Ga. 426 | Ga. | 1903
Wolf brought an action of ejectment against Rawls, who died pending the action, and Shearouse, his administrator, was made a party in his stead. The plea of the defendant set up that Rawls conveyed the land in dispute to Mrs. N. A. Lee, to secure a note for $100, given for the purchase-money of a horse, and that the consideration of the note had entirely faded, the horse having been seized and sold on an execution against Mrs. Lee, based on a judgment in existence at the date the horse was sold by her; and that Wolf bought the note and took a transfer of the title to the land after the maturity of the note, and with full notice of the facts above referred to. The court directed the jury to find a verdict in favor of the plaintiff for the amount of the note, with interest, and that the judgment for this amount be a lien upon the land in controversy from the date of the security deed. The defendant made a motion for a new trial, based upon the general grounds, a ground assigning error upon the direction of the verdict, and two grounds complaining of the rejection of testimony. The motion was overruled, and defendant excepted.
1. When this case was here before (111 Ga. 859), it was held: “Where in a suit in a justice’s court the summons names .only a certain man as defendant, and both he and his wife are served, and the magistrate enters up judgment against both, the judgment
Judgment affirmed.