Gilbert, J.
1. Under the principles ruled in Orr Shoe Co. v. Lee, 159 Ga. 523 (126 S. E. 292), the evidence being without conflict as to the material issues, the verdict is without evidence to support it. The evidence demanded a verdict against the claimant. Accordingly, the court erred in refusing a new trial.
2. The above ruling renders it useless to deal with the special grounds of the motion for a new trial.
Judgment reversed.
All the Justices concur.
The evidence was, without conflict, to the effect that Mrs. Calder had paid for the land out of her separate money; that she consented that the title be made to her husband as a basis for credit in his business; that it was so made and so remained until the levy was made; that the husband resided thereon with his wife, the claimant; that she never had paper title in her name; that the fi. fa. issued on a judgment rendered in a suit on promissory notes signed by D. C. Swindell, S. L. Calder, and Roy Swindell, in renewal of existing notes; that the payee took these notes on the strength of Mr. Calder’s property being in him. There was no evidence that the creditor had notice of the wife’s equity. The jury returned a verdict finding the property not subject. The plaintiff in fi. fa. made a motion for a new trial, which was overruled, and the movant excepted.
P. M. Anderson, for plaintiff. W. G. Warnell, for defendant.