Cain v. Ligon
Supreme Court of Georgia
Husband and Wife. Sales. Gifts. Fraud. Before Judge Clark Stewart Superior Court. April Term, 1883. Hobbs, who was in possession of certain property, filed a bill to require John M. Cain and Ligón, administrator of Mrs. Emma M. Cain, to interplead and settle their right thereto. It appeared that John M. Cain was the husband of Emma M. Cain, deceased. He claimed the property under two deeds of gift executed by her to him in hex lifetime.
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Husband and Wife. Sales. Gifts. Fraud. Before Judge Clark Stewart Superior Court. April Term, 1883. Hobbs, who was in possession of certain property, filed a bill to require John M. Cain and Ligón, administrator of Mrs. Emma M. Cain, to interplead and settle their right thereto. It appeared that John M. Cain was the husband of Emma M. Cain, deceased. He claimed the property under two deeds of gift executed by her to him in hex lifetime. No order of court was shown allowing or confixming them. Ligón, administrator, insisted that they were void, and the court so charged. There was other…
1Opinion of the Court
Hall, Justice.
The question made by this record is whether a married woman can give to her husband, without the approval and sanction of the chancellor, any portion or all of her separate property, when it is not encumbered with a trust in which remaindermen and others are interested, and whether her deed conveying such property to him is void or merely voidable. The court below decided that a gift, under the circumstances, was void; the propriety of this decision is the point presented for adjudication.
Since 1866, Code, §1754, all the property owned by the wife at the time of her marriage,…
2Cases cited1 opinion
- Sutton v. AikenSupreme Court of Georgia · 1879
3Cited by38 opinions
- Cochran v. MurrahSupreme Court of Georgia · 1975
- Gross v. WhitelySupreme Court of Georgia · 1907
- White v. StockerSupreme Court of Georgia · 1890
- Bacon v. BaconSupreme Court of Georgia · 1925
- Hadden v. LarnedSupreme Court of Georgia · 1891
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