Maxwell v. Rucker
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Floyd superior •court. September 28, 1905. A fi. fa. in favor of William Rucker and against Leonard Maxwell was levied on land to which the wife of the defendant, Fannie Maxwell, interposed a claim.
Read the full summary
Equitable petition. Before Judge Wright. Floyd superior •court. September 28, 1905. A fi. fa. in favor of William Rucker and against Leonard Maxwell was levied on land to which the wife of the defendant, Fannie Maxwell, interposed a claim. In aid of the levy, the plaintiff in fi. fa. filed an equitable petition in which he alleged that pending the suit in which he obtained his judgment against Maxwell, he and his wife confederated, in order to hinder and prevent the •collection of plaintiff’s demand, in a fraudulent attempt to place the property levied on beyond the reach of creditors; that…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. The question of practice dealt with in the first headnote is well settled. Hall v. Davis, 122 Ga. 252; Johnson v. Thrower, 123 Ga. 706, and cit.
2. The claimant was the wife of the defendant in fi. fa. The evidence authorized a conclusion that the husband paid for the property levied on, hut directed a conveyance to be made to the wife after the plaintiff commenced the suit which eventuated in the judgment upon which the fi. fa. was issued; and that at the time he caused this conveyance to be made to his wife, he had no property other than his interest in the land…
2Cases cited2 opinions
- Hall v. DavisSupreme Court of Georgia · 1905
- Johnson v. ThrowerSupreme Court of Georgia · 1905
3Cited by2 opinions
- Fountain v. StateCourt of Appeals of Georgia · 1918
- Brewer v. New England Mortgage Security Co.Supreme Court of Georgia · 1916