Scroggins v. Hoadley

• Decision Date: 31 January 1876
• Parties: N. G. Scroggins, plaintiff in error. v. D. W. Hoadley,defendant in error.
• Court: Georgia Supreme Court

56 Ga. 165

N. G. Scroggins, plaintiff in error. v. D. W. Hoadley, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1876.)

Bond for titles. Levy and sale. Before Judge Buchanan. Coweta Superior Court. September Term, 1875.

Reported in the opinion.

P. F. Smith, for plaintiff in error.

M. J. Clark; Lavender Ray, for defendant.

Jackson, Judge.

Hoadley sued F. M. Scroggins and obtained judgment against him for $1,000 00, with interest; execution was issued thereon and levied upon certain real estate. It was claimed by N. G. Scrogrins, and the question was whether the land levied on was subject to the fi. fa., or was the property of the claimant. The facts, in substance, were as follows: F. M. Scroggins bought from W. B. W. Dent the estate in question on the following contract: "Received of F. M. Scroggins $100 00, in part payment for a store-house on Greenville *street. If the said Scroggins pays $1,400 00 between this and Christmas, and gives his notes each for $500 00, due three and six months hence, then the said Dent will make him good and lawful titles to the same;" signed by W. B. W. Dent, and dated December 7th, 1869.

The money was paid, and the two notes were given. These notes were transferred to Hoadley, on which he obtained judgment and levied upon the store-house. Hoadley paid Dent the value of these notes, and Dent indorsed them. F. M. Scroggins, after he had paid the $1,400 00 and given the two notes, assigned this bond for titles or receipt to N. G. Scroggins, the claimant, and made him a deed to the store. W. B. W. Dent, by the request of Hoadley, the plaintiff, under section 3654 of the Code, made a deed to F. M. Scroggins, and Hoadley then levied upon the store.

On this state of facts the court charged the jury that "if plaintiff's execution was for the purchase money of the property levied on, and if that purchase money was due and unpaid at the time defendant transferred the bond and made a deed to claimant: and if no deed had been made to defendant at the time by W. B. W. Dent, and judgment was obtained afterward? against defendant for the purchase money; and if a deed war made, filed and recorded in the clerk's office of the superior court of Coweta county from W. B. W. Dent to defendant, you should find the property levied on subject to the fi. fa."

The jury found the property subject; and the claimant moved for a new trial on the ground that the court erred in the foregoing charge, and because the verdict was contrary to the law and the evidence. The court overruled this motion, and this is the error assigned.

1. N. G. Scroggins is the assignee of F. M. Scroggins to this bond for titles. He holds the title of F. M. Scroggins. F. M. Scroggins assigned to him all his title but no more. His rights and liabilities are those of his assignor, no more, no less: Hind V, Low, 38 Georgia Reports, 191; Rawson v.. Coffin, 55 ...