Hawkinsville Bank & Trust Co. v. Walker
Supreme Court of Georgia
Levy and claim. Before Judge Smith. Wilcox superior court. September term, 1895. An execution against S. D. Walker, from a judgment of April 12, 1894, was levied on a house with the lot on which it was erected, in the town of Abbeville. A claim to the property was interposed by his wife. It appeared that at the date of the levy, June 4, 1894, both she and her husband were living in the house levied on.
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Levy and claim. Before Judge Smith. Wilcox superior court. September term, 1895. An execution against S. D. Walker, from a judgment of April 12, 1894, was levied on a house with the lot on which it was erected, in the town of Abbeville. A claim to the property was interposed by his wife. It appeared that at the date of the levy, June 4, 1894, both she and her husband were living in the house levied on. She relied upon a deed from her'husband, dated April 27, 1892, and recorded March 25, 1895, conveying the property in question for the expressed consideration of $340. Her husband testified:…
1Opinion of the CourtSimmons, C. J.
1. This court will not reverse a trial judge for refusing to allow certain questions to a witness to be answered, when it does not appear what testimony was thereby sought to be elicited.
2. Mere inadequacy of consideration 'in a deed from a husband to his wife, even if he were insolvent at the time of its execution, will not of itself alone avoid the deed at the instance of creditors, if there was no intention to hinder, delay or defraud them. The inadequacy of consideration, if gross, Would be a badge of fraud, and might be so gross, when combined with other circumstances, as to amount to…
2Cited by5 opinions
- Strickland v. DavisSupreme Court of Georgia · 1937
- Jordan v. HancockCourt of Appeals of Georgia · 1955
- Schwenck v. HessWest Virginia Supreme Court · 1919
- Peacock Construction Co. v. Turner Concrete, Inc.Court of Appeals of Georgia · 1967
- Oglesby v. Walton & CompanySupreme Court of Georgia · 1903