Edwards v. Stinson
Supreme Court of Georgia
Claim. Levy and sale. Sales. Liens. Before Judge Oraweoed. Talbot Superior Court. March Term, 1877. Young N. Edwards, defendant in fi. fa., was administrator of John Edward’s estate; as such, he sold 500 acres of land, which was bid off by IL Couch, who sold to defendant and Gibson. Gibson sold to defendant, who used the shares in the estate of his. four brothers to pay for the land; to raise money to pay his brothers, he sold the land to Chapman, who failed to pay for it.
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Claim. Levy and sale. Sales. Liens. Before Judge Oraweoed. Talbot Superior Court. March Term, 1877. Young N. Edwards, defendant in fi. fa., was administrator of John Edward’s estate; as such, he sold 500 acres of land, which was bid off by IL Couch, who sold to defendant and Gibson. Gibson sold to defendant, who used the shares in the estate of his. four brothers to pay for the land; to raise money to pay his brothers, he sold the land to Chapman, who failed to pay for it. Afterwards, in order to cancel his indebtedness to his said brothers, he induced them to take the land. Chapman, on the…
1Opinion of the Court
Warner, Chief Justice.
This was a claim case, on the trial of which the jury, under the charge of the court, found the property subject to the plaintiff’s fi. fa. which had been levied thereon. One of the errors complained of is the following charge of the court, which was excepted to :
1. The court charged the jury, “ that if they believed that, at the time of making the deed from Young N. Edwards, defendant in fi. fa., to his four brothers, he did so in good faith, and that it was a bona fide trade in the discharge of his indebtedness to them, that then it was not subject to the fi. fa.; but…
2Cited by5 opinions
- Avary v. AvarySupreme Court of Georgia · 1947
- Gregory v. Gray & SonSupreme Court of Georgia · 1891
- Johnson v. OliverSupreme Court of Georgia · 1912
- Page v. JonesSupreme Court of Georgia · 1938
- Ponder v. GraflinSupreme Court of Georgia · 1891