Moses v. The Eagle

• Citation: 68 Ga. 241
• Parties: Moses, trustee. vs. The Eagle and Phenix Manufacturing Company.
• Decision Date: 30 September 1881
• Court: Georgia Supreme Court

68 Ga. 241

Moses, trustee. vs. The Eagle and Phenix Manufacturing Company.

Supreme Court of the State of Georgia

SEPTEMBER TERM, 1881.

[Crawford, Justice, did not preside in this case.]

Judgments. Amendments. Verdict. Claims. Practice in Superior Court. Before Judge Willis. Muscogee Superior Court. November Adjourned Term, 1880.

Reported in the Jecision.

R. J. Moses, for plaintiff in error.

Peabody & Brannon, for defendant.

Speer, Justice.

An execution in favor of Van Leonard, trustee, against the Water Lot Company, of the city of Columbus, issued on the 18th of September, 1867, from the superior court of Muscogee county, was levied upon certain property known as water lots numbers 4, 5, 9, 6, 7, 8, 10, 16, 17 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 36, 37, all lying and being in the city of Columbus, each lot containing 72 feet front north and south on Bay street, and being between Franklin and Crawford streets, also the dam across the Chattahoochee river nearly opposite lot 1 aforesaid survey, and the canal and raceway in front of said lots, and all the water power and right to control the water in front of the city of Columbus, subject to the rights of the owners of lots 1, 3, II, 13 and 15, each to one nineteenth part of the water controlled. Dam and canal under divers deeds from the Water Lot Company, etc., Levy made 5th of March, 1877. To this the Eagle & Phenix Manufacturing Company interposed their claim to the property levied on, and on their giving bond the same was returned to the court for trial, on issue joined on said levy and claim, a trial was had and the jury returned the following verdict:

"We, the jury, find the water lots numbers 20 to 37 inclusive subject to plaintiff's execution." [Signed] A. A. Boyd, Foreman.

Whereupon the following judgment was entered on said verdict:

"The jury in this claim case having found lots 20, 31, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, levied on by plaintiff to be subject to plaintiff's execution, and the claimant having interposed a claim to all of said lots known as water lots 20 to 37 levied on, except lots 23, 24, 35, it is considered and adjudged that plaintiff's fi.. fa. proceed for the use of J. J. Bradford, trustee, against the aforesaid water lots from 20 to 37, including 20 and 37, and he recover from claimant his costs in this proceeding.

June 4, 1877.

R. J. Moses,

Blandford & Garrard,

Attorneys for plaintiff' in fi.fa."

It further appears that, on notice to R. J Moses, trus tee, on motion of attorneys for claimant, at the November adjourned term, 1880, of Muscogee superior court, the court entered the following judgment nunc pro tunc in said cause:

"Van Leonard, trustee Howard Manufacturing Company, Plaintiff in fi.fa. vs. The Water Lot Company of the city of Columbus, defendant, and the Eagle and Phenix Manufacturing Company, claimant.

Fi.fa levy and claim in Muscogee superior court.

" It appearing to the court that the above stated fi. fa. was levied by the sheriff of this county, on the 5th of March, 1877, upon the following lots known as water lots: Numbers 4, 5, 6, 7, 8, 9, 10, 16, 17, 18, 19, 20, 31, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, all lying and being in the city of Columbus, each lot containing 72 feet front, north and south, on Bay street, between Franklin and Crawford streets, according to a survey made by John Bethune, on the 6th of December, 1841, also the dam across the Chattahoochee river, nearly opposite lot 1 of said survey, and the canal, or race-way, in front of said lots, and all the water power and right to control the water in front of the city of Columbus, and state of Georgia, as fully as the same is owned or controlled by the Water Lot company of the city of Columbus, subject to the rights of the owners of lots I, 3, 11, 13 and 15 each to one-nineteenth part of the water controlled by said dam and canal, under divers deeds from the Water Lot Company of the city of Columbus, the whole levied on as the property of said defendants in fi.fa.; and the said claimant having filed his claim to lots 4, 5, 6, 7, 8, 10, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35. 36, 37. also the dam across the Chattahoochee river and the canal, or race-way, in front of said lots, and all the water power in front of said lots, or belonging or appertaining thereto, in front of the city of Columbus, which had been so levied on. And at the May term, 1877, an issue was joined between the plaintiff in fi. fa. and claimant as to the said property so claimed being subject to said fi. fa., and upon said issue a jury came, and after hearing evidence, returned the following verdict, to-wit: "We, the jury, find the water lots numbers 20 to 37, inclusive, subject to the plaintiff's execution, " upon which verdict the said plaintiff. at the said term of said court, entered up the foltowing judgment, to wit: "The jury in the claim case having found lots 20 21. 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, levied on by plaintiff's fi.fa., to be subject to plaintiff's execution, and the claimant having interposed a claim to all of said water lots known as water lots 20 to 37 inclusive, levied on, except lots 23, 24, 25, it is considered and adjudged that plaintiff's fi.fa. proceed for the use of J. J Bradford, trustee, against the aforesaid water lots, from 20 to 37, including 20 and 37, and that he recover from claimants his costs in this...