Hicks v. Sharp
Supreme Court of Georgia
Fraudulent conveyance. Evidence. Debtor and creditor. Charge of court. Before Judge Boynton. Newton superior court. September term, 1891. A fi. fa. in favor of Sharp against Turner was levied upon certain land known as the Oak Hill place. Hicks and his wife interposed their claim. They relied on a deed made to them jointly by Turner several years before the date of plaintiff’s judgment.
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Fraudulent conveyance. Evidence. Debtor and creditor. Charge of court. Before Judge Boynton. Newton superior court. September term, 1891. A fi. fa. in favor of Sharp against Turner was levied upon certain land known as the Oak Hill place. Hicks and his wife interposed their claim. They relied on a deed made to them jointly by Turner several years before the date of plaintiff’s judgment. The plaintiff insisted that the deed was void as to creditors, for that Turner was insolvent when he made it, that he made it to hinder and delay his creditors, and that only one half of the land had been sold…
1Opinion of the Court
*312 Judgment reversed.
1. The claimant’s motion for a new trial alleges that the verdict is contrary to the following charge of the court, for, without considering proof of Turner’s declarations, the jury could not have found that any part of the property was given to Mrs. Hicks: “If you believe from the evidence that Turner had sold the land to Hicks and parted with the title and possession, and Hicks had possession, then no declaration made by Turner about giving a part of the land could be considered by you, and you should not consider such proof of declarations by Turner; but if made before…
2Cited by13 opinions
- Stephens v. StephensSupreme Court of Georgia · 1929
- Edge v. Calhoun National BankSupreme Court of Georgia · 1923
- Fouts v. GardnerSupreme Court of Georgia · 1924
- McCallie v. McCallieSupreme Court of Georgia · 1941
- Hoard v. MaddoxSupreme Court of Georgia · 1947
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