Askew v. Amos

• Decision Date: 12 February 1918
• Docket Number: (No. 345.)
• Citation: 147 Ga. 613,95 S.E. 5
• Parties: ASKEW. v. AMOS.
• Court: Georgia Supreme Court

147 Ga. 613

95 S.E. 5

ASKEW.

v.AMOS.

(No. 345.)

Supreme Court of Georgia.

Feb. 12, 1918.

Rehearing Denied Feb. 25, 1918.

(Syllabus by the Court.)

Error from Superior Court, Baker County; W. M. Harrell, Judge.

B. H. Askew levied a fi. fa. on mortgaged land, and W. F. Amos filed a claim. Verdict for claimant, motion for new trial denied, and plaintiff excepts. Affirmed.

B. H. Askew obtained a fi. fa. based on a mortgage given by Thomas Rabon on a certain tract of land 20 years previously, and duly recorded. The fi. fa. was levied on the land, and a claim was filed by W. F. Amos, who claimed to have purchased the land from Rabon about 8 years before the levy. The claim was in the usual form, without any supplemental or equitable pleadings. Amos on the trial sought to show that Askew was estopped from enforcing his fi. fa. against the land, because he (Askew) had stated to him (Amos) before he bought the land that there was no lien against it; and that Amos had bought it on the faith of Askew's statement. Askew denied that the mortgage had been paid, or that he had made such statement with reference to the lot of landlevied, on, insisting that the lot he had stated he had no lien upon was an entirely different lot. Much of the evidence to the above effect was objected to by Askew, on the ground that there were no pleadings to authorize a defense of payment, or of estoppel, and that objections were overruled The Jury returned a verdict for the claimant The plaintiff made a motion for a new trial, which was overruled, and he excepted.

Pope & Bennet, of Albany, for plaintiff in error.

E. L. Smith and A. L. Miller, both of Edison, and B. W. Fortson, of Arlington, for defendant in error.

HILL, J. Judgment affirmed. All the Justices concur.