Nelms v. Keller
Supreme Court of Georgia
Complaint for land. Before Judge Kimsey. Habersham superior court. January 26, 1897. Mrs. Keller made a deed to Edwards, dated April 25,1894, conveying a house and lot in Toccoa, and remained in possession thereof. On August 25,1895, Edwards made a deed to Nelms, conveying the same property. On February 11, 1896, Nelms sued Mrs. Keller to recover possession.
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Complaint for land. Before Judge Kimsey. Habersham superior court. January 26, 1897. Mrs. Keller made a deed to Edwards, dated April 25,1894, conveying a house and lot in Toccoa, and remained in possession thereof. On August 25,1895, Edwards made a deed to Nelms, conveying the same property. On February 11, 1896, Nelms sued Mrs. Keller to recover possession. The .defense was, that defendant was forced by importunities and threats of her husband to make the conveyance to Edwards for the purpose of ■obtaining money which was to be and was actually used to pay a debt of her husband, for which…
1Opinion of the CourtLumpkin, P. J.
This case turns upon the law announced in the headnote, which is now well settled in Georgia. In White v. Stocker, 85 Ga. 200, this court held that a married woman was liable for money borrowed and given to her husband, although the lender, he being no party to any arrangement between the husband and wife for procuring the money, knew that the former Avas to have the use of the same. While the wife can not, directly or indirectly, assume a debt of her husband, nor sell property belonging to her separate estate to his *746creditor in extinguishment of such debt, she may nevertheless, except as…
2Cases cited6 opinions
- National Bank v. CarltonSupreme Court of Georgia · 1895
- McCrory v. Grandy & SonSupreme Court of Georgia · 1893
- White v. StockerSupreme Court of Georgia · 1890
- Freeman v. Mutual Building & Loan Ass'nSupreme Court of Georgia · 1892
- Temples v. Equitable Mortgage Co.Supreme Court of Georgia · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Johnson v. Leffler Co.Supreme Court of Georgia · 1905
- Gross v. WhitelySupreme Court of Georgia · 1907
- Jackson v. ReevesSupreme Court of Georgia · 1923
- Magid v. BeaverSupreme Court of Georgia · 1938
- McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
22 more not listed; retrieve them via the Exa API.