Gravitt v. Employees Loan & Thrift Corp., 31648.

• Decision Date: 03 September 1947
• Docket Number: No. 31648.,31648.
• Citation: 44 S.E.2d 159
• Court: Georgia Court of Appeals
• Parties: GRAVITT . v. EMPLOYEES LOAN & THRIFT CORPORATION.

44 S.E.2d 159

GRAVITT .

v.EMPLOYEES LOAN & THRIFT CORPORATION.

No. 31648.

Court of Appeals of Georgia, Division No. 1.

Sept. 3, 1947.

Syllabus by the Court.

1. There being evidence to support the finding of the trial judge, who tried the case without a jury by consent of the parties, the court did not err in overruling the general grounds of the motion for a new trial.

2. Where a claimant does not object during the progress of the trial to a ruling of the trial judge placing the burden of proof upon him, it is too late after judgment for the plaintiff for the claimant's counsel to interpose such an objection by a motion for a new trial.

3. The judgment rendered by the trial court is supported by the evidence, and the court did not err in overruling grounds 5 and 6 of the motion for a new trial, which are merely amplifications of the general grounds.

4. The judgment of the trial court is supported by the evidence, no error of law appears, and the court did not err in overruling the motion for a new trial.

Error from Civil Court, Fulton County; Clarence Bell, Judge.

Foreclosure proceedings by Employees Loan & Thrift Corporation against Adrian Raine upon a bill of sale to a truck to secure a debt, wherein J. B. Gravitt filed a claim. To review an adverse decree, J. B. Gravitt brings error.

Judgment affirmed.

Vester M. Ownby, of Atlanta, for plaintiff in error.

Smith, Kilpatrick, Cody, Rogers & Mc-Clatchey and Sidney Haskins, all of Atlanta, for defendant in error.

SUTTON, Chief Judge.

Employees Loan & Thrift Corporation instituted foreclosure proceedings against Adrian Raine in the Civil Court of Fulton County, upon a bill of sale to secure debt executed by Raine to it, on May 18, 1946, to a certain Studebaker truck. The truck was found by a deputy marshal of said court in the possession of J. B. Gravitt and was levied upon as the property of the defendant Raine in the possession of Gravitt. Gravitt filed a claim and gave bond for the truck and the issue thus made came on for trial in said court. By consent of the parties the case was tried before the judge without the intervention of a jury; and the judge found in favor of the plaintiff and denied the claim. The claimant's amended motion for a new trial was overruled, and he excepted.

1. It was undisputed that the claimant purchased the truck, on February 6, 1946, from Huggins Motors and that it was described in the bill of sale to secure debt executed by Adrian Raine to the plaintiff on May 18, 1946. It also appeared that the claimant placed the defendant in possession of the truck under an agreement between them, whereby the defendant was to engage in hauling produce and other commodities with the truck and was to turn over to the claimant one-half of theprofits derived in such operations, and that the defendant was in possession of the truck at the time he executed the bill of sale to secure debt to the plaintiff. While the claimant testified that he owned the truck and that the defendant had no interest therein, the defendant testified that he purchased the truck from the claimant, on May 17, 1946, for a consideration of $1495, which he testified he paid to the claimant in cash, and that the claimant executed a bill of sale to him for the truck. This bill of sale was introduced in evidence by the plaintiff. The claimant denied the execution of the bill of sale and the...