Wimberly v. Toney

(After stating the foregoing facts.)

The first special ground of the motion for a new trial complains that the court charged the jury.: “I charge you gentlemen that a bona fide sale of property by a person, even if he be insolvent at the time of such sale, whereby he receives valuable consideration for the property, and provided he has no intention to delay or defraud his creditors, which was known to the 'grantee, is valid and can not be set aside by creditors of the vendor, even though the sale be made to a near relative of the vendor.” This charge, when construed in conection with the…