109 Ga. 270 | Ga. | 1899
Garrett instituted an action to recover from Wade possession of lot of land number fifty-nine in the fifteenth district of Taylor county. It was proved on the trial that Garrett purchased the lot of land from McCants in 1880, and went into possession of it; and that the title of McCants was a deed from the sheriff of Taylor county, dated January 5,1875, founded on a sale of the property, which had been levied on as belonging to Ogletree, under a judgment obtained against the latter in 1874. Garrett claimed, and testified, that he sold the lot of land in question to Wade and put him in possession. Wade, on the contrary, testified that he never bought the land from Garrett, nor ever made any agreement for the purchase of the same, but that his wife held under John C. Maund, who put her in possession under a statement that if he never called for the land it was hers. The jury returned a verdict for the plaintiff, and a motion for a new trial was made, on the grounds that the verdict was contrary to law and the evidence, and that the court erred in refusing to charge the jury, in effect, that a levy and sale of land under an execution issuing from a justice’s court, in the absence of an entry of no personal property to be found on which to levy the execution, was void, and a sale made under such an execution passed no title. The motion for new trial was overruled, and the defendant excepted.
The evidence in the record is not conclusive that any of the parties claiming the land had a valid paper title to it. Ogle-tree was never shown to have been in possession. The defendant attempted to set up no title whatever. Evidently the jury believed Garrett, who testified that he sold the land to Wade and put him in possession. The deed from McCants to Garrett was dated February 19,1880. The deed from Pope, sheriff, to McCants, was dated January 5,1875, and possession under this deed was shown in McCants until he sold to Garrett, and in Garrett until he sold to Wade about the year 1886, according
Affirmed.