134 Ga. 478 | Ga. | 1910
1. Where in a claim case the plaintiff in fl. fa. introduced in evidence the entry of levy, which contained a statement that the defendant in fi. fa. was in possession of the land levied on at the time of the levy, and also introduced parol evidence tending to show such'possession, but later introduced other parol evidence tending to show that the defendant was not in possession at the time of the levy, but that the claimant was then in possession, it was error for the presiding judge to direct a verdict finding the property subject. He should have submitted to
(a) In the present case, the deed sought to be introduced was claimed to have been made by a corporation. The evidence failed to show that such corporation was in possession, but tended to show that its president, as an individual, held the land as his own. *
(b) Objection having been made to such deed when it was introduced, and it having been admitted temporarily, but subject tcra renewal of the motion, and the evidence, when the claimant closed, failing to show either title or possession in the corporation when the deed was made, its exclusion from evidence, on motion, was not erroneous.
S. When a deed purporting -to have been made by a corporation, through its president, is offered in evidence and objection is duly raised thereto, authority of the president to make such deed should be shown. If the deed has the seal of the corporation attached thereto, this will furnish presumptive evidence of such authority.
Judgment reversed.