James v. Greene
Supreme Court of Georgia
Ejectment. 'Before Judge Worrill. Clay superior court. December 18, 1920. On Februarjr 23, 1914, Mrs. N. J. Greene conveyed to D. W. James the land in dispute, to seeure an indebtedness of $5633.51. The deed authorized the grantee to sell.the land upon default in payment of the indebtedness, and, as attorney in fact of the grantor, to execute deed to the purchaser.
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Ejectment. 'Before Judge Worrill. Clay superior court. December 18, 1920. On Februarjr 23, 1914, Mrs. N. J. Greene conveyed to D. W. James the land in dispute, to seeure an indebtedness of $5633.51. The deed authorized the grantee to sell.the land upon default in payment of the indebtedness, and, as attorney in fact of the grantor, to execute deed to the purchaser. On March 9, 1915, pursuant to sale by the grantee under the power contained in the deed, the grantee executed and delivered to himself a deed to the premises in dispute. On- April 24, 1915, D. W. James sold the land to Thomas C.…
1Opinion of the Court
Fisi-i, O. J.
1. The wife can not bind her separate estate by any contract of suretyship, nor by any assumption of the debt of her husband; and a sale by the wife of her separate estate to a creditor of her husband, in settlement of the debt of the latter, is void. Civil Code (1910), § 3007.
2. A sale by the wife of her separate estate, made to a creditor of her husband in extinguishment of lier husband’s debt in part and in settlement of the wife’s debt in part, the contract being entire and not divisible, is void. Cross v. Cordell, 149 Ga. 383 (100 S. E. 365).
3. The deed of the wife to her…
2Cases cited2 opinions
- Hadden v. ThompsonSupreme Court of Georgia · 1903
- Cross v. CordellSupreme Court of Georgia · 1919
3Cited by3 opinions
- Carlton v. Moultrie Banking Co.Supreme Court of Georgia · 1930
- Turner v. WarrenSupreme Court of Georgia · 1942
- White v. PrattSupreme Court of Georgia · 1955