Legal Opinion

Oglesby v. Walton & Company

Supreme Court of Georgia

Decided June 3, 1903Published

Equitable petition. Before Judge Holden. Elbert superior court. December 6, 1902.

1Opinion of the CourtLamar, J.

The creditors of Walton filed an equitable petition under the traders’ act, to set aside a sale of his stock of merchandise to Bailey, alleging that the property was inventoried at $3,500 and sold for $1,500, much less than its value, and with intent to hinder, delay, and defraud his creditors, and that Bailey purchased with a knowledge of that intent. Bailey answered, claiming that he paid full price, and bought in good faith, without notice of Walton’s intent to defraud his creditors. Walton having been adjudicated a bankrupt, the trustee intervened as plaintiff, and the trial proceeded…

2Cases cited5 opinions

  1. Pool v. Gramling, Spalding & Co.Supreme Court of Georgia · 1891
  2. Scott v. WinshipSupreme Court of Georgia · 1856
  3. Hawkinsville Bank & Trust Co. v. WalkerSupreme Court of Georgia · 1896
  4. Trice v. RoseSupreme Court of Georgia · 1887
  5. Reese v. ShellSupreme Court of Georgia · 1895

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