Biggers v. Webb

• Decision Date: 10 November 1938
• Docket Number: 27060.
• Citation: 199 S.E. 756,58 Ga.App. 684
• Parties: BIGGERS v. WEBB.
• Court: Georgia Court of Appeals

199 S.E. 756

58 Ga.App. 684

BIGGERS v. WEBB.

No. 27060.

Court of Appeals of Georgia, Second Division

November 10, 1938

Syllabus by the Court.

Under the facts in this case and the former rulings of the court it was error for the court to direct a verdict for the claimant.

Error from City Court of Gwinnett County; Pemberton Cooley, Judge.

Proceeding by H. O. Biggers against G. L. Webb, wherein property was levied on as that of the defendant, and wherein Mrs. G. L Webb filed a claim to the property. To review an adverse judgment, H. O. Biggers brings error.

Reversed.

Glenn Roberts and R. F. Duncan, both of Lawrenceville, for plaintiff in error.

W. L Nix, of Lawrenceville, for defendant in error.

FELTON Judge.

A common law execution in favor of H. O. Biggers against G. L Webb was levied upon 30 acres of cotton, 40 acres of corn, and three mules as the property of G. L. Webb. Mrs. G. L. Webb filed a claim to the property. The evidence introduced on the trial of the claim was substantially as follows:

J. P. Mason testified that he was the sheriff and that he levied the execution; that the property levied on was pointed out to him by Mr. Webb on the farm of Mr. Webb; that the mules were found in the lot at the domicile and residence of Webb; that he did not know whose farm it was but that it was the old William Cooper home place; that Mrs. Webb had been the wife of Cooper; that the barn was on one side of the road and the residence of Mr. and Mrs. Webb was on the other. Mrs. G. L. Webb testified that she married Cooper who died some years ago and later married Webb; that at the time she married Webb he did not have any property; that she owned her farm, on which they now lived, and some mules, cows, and farming implements; that she bought the personal property; that she owned mules from that time up to the present, and that some of the mules had been traded and she has bought others; that after her marriage to Webb he did some of the buying of mules for her with her permission; that the mules levied on were her mules; that they were bought outright and paid for with the proceeds from her farm; that she has never surrendered possession of her property to anybody; that she was in possession of the crops levied on and they were hers; that she rented to three tenants on halves; that her husband had no crop on her farm; that any money he made himself he controlled but he did not buy any of the mules levied on; that they were bought with her money; that Webb bought the fertilizer to go on the crop and supplies to run the tenants; that he bought fertilizer and supplies last year; that she thinks he bought from Mr. Biggers; that she thought he was paying cash; that she did not know in whose name he was buying; that Webb bought this black horse mule for her and that it was paid for out of the proceeds of the farm; that she and Webb had transacted business together; that she did not know whether she was solvent and that there were two judgments against her; that she and Webb obtained a loan on the crop levied on; that she signed the waiver but did not know what it was that she signed; that she did not know to whom the checks were payable; that she did part of the buying and Webb did part; that she did not know whether Webb borrowed any money to make the crop, and that if he gave a mortgage on the mules in question she did not know anything about it; that Webb bought the fertilizer to go on the crop; that she had nothing to furnish the croppers with this year but fertilizers because they realized nothing out of the crop last year; that she did not authorize Webb to buy anything on time from Biggers, and did not authorize him to mortgage the mules.

M. E Johnson testified that he was a cotton buyer; that he knew William Cooper during his lifetime, and at his death bought in the dower for Mrs. Cooper, now Mrs. Webb; that he did not know of any property owned by Webb at the time he married Mrs. Webb; that he has bought cotton from Webb and that Webb had the checks issued in his name; that Webb put cotton in the warehouse in his name; that he loaned Mrs. Webb money to make crops and buy fertilizer and she would sign notes for the same, secured by mortgage on the land and livestock; that when he bought cotton from Webb he knew that it came from Mrs. Webb's farm; that he has had no dealings with them for the past few years. G. L. Webb testified that at the time he married the claimant he had no property and had been able to accumulate none since that time; that he claimed and owned no title to the land on which they lived; that when he made purchases for the farm he was acting for his wife; that none of the crop levied on was his; that he executed a note to the bank and mortgaged one of the...