Legal Opinion

Jones v. Foster

Supreme Court of Georgia

Decided June 16, 1920No. 1589PublishedCited by 7 opinions

'Claim. Before Judge Terrell. Carroll superior court. July 9, 1919. To the summary of facts appearing in the foregoing syllabus the following may be added, in connection with headnotes 2 and 3: The judgment on which the plaintiff’s execution was based was dated December 12, 1913. He testified that the credit was extended to Jones, the defendant in execution, in August, 1911, for an interest in a business that the plaintiff sold to him.

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'Claim. Before Judge Terrell. Carroll superior court. July 9, 1919. To the summary of facts appearing in the foregoing syllabus the following may be added, in connection with headnotes 2 and 3: The judgment on which the plaintiff’s execution was based was dated December 12, 1913. He testified that the credit was extended to Jones, the defendant in execution, in August, 1911, for an interest in a business that the plaintiff sold to him. The deed to the claimant from Jones (her husband) was on a stated consideration of love and affection and $250. It was dated January 4, 1912, and recorded on…

1Opinion of the CourtFish, C. J.

1. This is a competition between a judgment creditor of a husband, and the latter’s wife claiming legal title to the land levied on; she holding under a deed executed by the husband to her before judgment was rendered against him. The wife claimed the land, and upon the trial of the issue made in the claim case she contended that the conveyance to her by her husband was in recognition of the pre-existing equitable title in her arising from the fact that her money was paid by the husband for the land, the legal title having then been taken in his name, and that the conveyance by him to her was…

2Cases cited3 opinions

  1. Ford v. Blackshear Manufacturing Co.Supreme Court of Georgia · 1913
  2. Dodd & Co. v. BondSupreme Court of Georgia · 1892
  3. Harrison v. PeacockSupreme Court of Georgia · 1919

3Cited by7 opinions

  1. Orr Shoe Co. v. LeeSupreme Court of Georgia · 1925
  2. Roland v. Wilkinson-Bolton Co.Supreme Court of Georgia · 1927
  3. Rowe v. ColeSupreme Court of Georgia · 1936
  4. Ray v. McCurdySupreme Court of Georgia · 1930
  5. Jenkins v. FlournoySupreme Court of Georgia · 1924

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