Legal Opinion

Hoffer v. Gladden

Supreme Court of Georgia

Decided December 22, 1885PublishedCited by 14 opinions

Evidence. Practice in Supreme Court. Fraud. Mortgage. Debtor and Creditor. Record. "Charge of Court Before Judge Lumpkin. Bartow Superior Court.

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Evidence. Practice in Supreme Court. Fraud. Mortgage. Debtor and Creditor. Record. "Charge of Court Before Judge Lumpkin. Bartow Superior Court. January Adjourned Term, 1885. To the report contained in the decision, it is necessary to add only that the grounds of the motion for a new trial were, in brief, as follows: (1) to (4). Because the court erred in admitting in evidence the testimony of certain named witnesses, over objections of counsel for Hoffer, the claimant of the fund. [The testimony objected to is stated, but not the grounds of objection.] (5.)'Because the court charged as…

1Opinion of the Court

Jackson, Chief Justice.

A fund raised from the sale of property of the Republic Iron Mining Company was in the hands of the sheriff for distribution, under a rule made against him and an untraversed answer by him. The plaintiff in error claimed the money by virtue of executions issued on foreclosing two mortgages. Defendants in error claimed under divers attachments of theirs, and made the allegation that the mortgages were fraudulent conveyances, designed to hinder and delay them in getting their money, and therefore void. Issue was joined on the denial of this allegation by plaintiff in…

2Cases cited2 opinions

  1. Clements v. MooreSupreme Court of the United States · 1868
  2. Tarpley v. McWhorterSupreme Court of Georgia · 1876

3Cited by14 opinions

  1. Eberhardt v. BennettSupreme Court of Georgia · 1927
  2. Cotton States Fertilizer Co. v. ChildsSupreme Court of Georgia · 1934
  3. Quinton v. PeckSupreme Court of Georgia · 1943
  4. Strickland v. DavisSupreme Court of Georgia · 1937
  5. State Banking Co. v. MillerSupreme Court of Georgia · 1938

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