Legal Opinion

Collins v. Freeman

Supreme Court of Georgia

Decided July 9, 1970No. 25825PublishedCited by 4 opinions

1Opinion of the Court

Felton, Justice.

1. “A wife may contract, but she can not ‘bind her separate estate by any contract of suretyship.’ Code § 53-503. ‘A deed given by a married woman, in pursuance of a scheme by which she pledges her individual property as security for the debt of another, is void in toto.’ [citations.]” J. E. Simmons & Associates v. Christian, 217 Ga. 796 (1) (125 SE2d 56). This restriction applies to all contracts, whether in behalf of her husband or another, and hence to those in behalf of her son. Saulsbury, Respess & Co. v. Weaver, 59 Ga. 254.

2. A conveyance falling under the provisions of…

2Cases cited6 opinions

  1. Dyal v. McLeanSupreme Court of Georgia · 1939
  2. Sutton v. AikenSupreme Court of Georgia · 1879
  3. Saulsbury, Respess & Co. v. WeaverSupreme Court of Georgia · 1877
  4. Kent v. SimpsonSupreme Court of Georgia · 1914
  5. Yancey v. Montgomery & YoungSupreme Court of Georgia · 1931

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Detention Management, LLC v. UMB Bank, NA (In re Municipal Corrections, LLC)United States Bankruptcy Court, N.D. Georgia · 2013
  2. Darling International, Inc. v. CarterSupreme Court of Georgia · 2014
  3. Collins v. FreemanSupreme Court of Georgia · 1970
  4. Freeman v. CollinsSupreme Court of Georgia · 1972

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