Legal Opinion

Hilburn v. Hightower

Supreme Court of Georgia

Decided February 20, 1934No. 9701PublishedCited by 10 opinions

1Opinion of the CourtBell, J.

1. Every conveyance of property made with, the intention to delay or defra.ud the creditors of the grantor is void against such creditors, where the grantee has knowledge of such intention or reasonable ground to suspect the same. Civil Code (1910), § 3224 (2).

2. Possession retained by the vendor after an absolute sale of real property is prima facie evidence of fraud, although it may be explained and rebutted.' Stephens v. Southern Cotton Oil Co., 147 Ga. 410 (2) (94 S. E. 245).

3. Transactions between near relatives, as brothers-in-law, are to be scanned with care and scrutinized closely,…

2Cases cited4 opinions

  1. McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
  2. Stephens v. Southern Cotton Oil Co.Supreme Court of Georgia · 1917
  3. Kelley Bros. v. StovallSupreme Court of Georgia · 1912
  4. Arnold v. JohnsonSupreme Court of Georgia · 1920

3Cited by10 opinions

  1. Brown v. CooperCourt of Appeals of Georgia · 1999
  2. Merrell v. BeckwithSupreme Court of Georgia · 1994
  3. Young v. BozemanSupreme Court of Georgia · 1972
  4. Hoard v. MaddoxSupreme Court of Georgia · 1947
  5. Fields v. MarchmanSupreme Court of Georgia · 1934

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