Skinner v. Braswell
Supreme Court of Georgia
Equitable petition. Before Judge Bawlings. Emanuel superior court. October 17, 1905. The suit was fox the recovery of land conveyed by the plaintiff to the defendant, and for the cancellation of the conveyance; the plaintiff alleging, that the conveyance was made at the demand of her husband and against her will, for the purpose of obtaining money to pay his debts; that the purchase-money thus obtained was used for that purpose (except one dollar, which was tendered back to…
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Equitable petition. Before Judge Bawlings. Emanuel superior court. October 17, 1905. The suit was fox the recovery of land conveyed by the plaintiff to the defendant, and for the cancellation of the conveyance; the plaintiff alleging, that the conveyance was made at the demand of her husband and against her will, for the purpose of obtaining money to pay his debts; that the purchase-money thus obtained was used for that purpose (except one dollar, which was tendered back to the defendant); and that the defendant knew these facts. There was evidence that an agreement for the sale of the land…
1Opinion of the CourtBeck, J.
1. Where a husband, as agent, bargained for the sale of the property of his wife and she executed a deed thereto, a purchaser for value took a good title, although the money so obtained was used to pay the debts of the husband, provided the purchaser was not a creditor to be thus paid, and was not a party to any scheme or arrangement whereby the money paid for said property was to be used in any particular way. And the fact that the wife in signing the deed acted under the duress of the husband will not vitiate the contract, where it does not appear that the purchaser had any notice, or…
2Cases cited3 opinions
- Sanders Manufacturing Co. v. Dollar Savings BankSupreme Court of Georgia · 1900
- Rood v. WeightSupreme Court of Georgia · 1906
- Hughie v. HammettSupreme Court of Georgia · 1898
3Cited by25 opinions
- Western & Atlantic Railroad v. HughesSupreme Court of the United States · 1929
- Northwestern University v. CrispSupreme Court of Georgia · 1955
- Griffin v. BarrettSupreme Court of Georgia · 1936
- Cotton States Mutual Insurance v. FallsCourt of Appeals of Georgia · 1966
- Cook v. WashingtonSupreme Court of Georgia · 1928
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