Palmer, Stuart & Co. v. Smith
Supreme Court of Georgia
Husband and wife. Title. Homestead. Before Judge Marshall J. Clarice. Pulton superior court. March term, 1891. Palmer, Stuart & Company brought complaint against Smith for a certain tract of land in Pulton county. The evidence showed that in 1860, James Jett was in possession of the land and had been for several years previously.
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Husband and wife. Title. Homestead. Before Judge Marshall J. Clarice. Pulton superior court. March term, 1891. Palmer, Stuart & Company brought complaint against Smith for a certain tract of land in Pulton county. The evidence showed that in 1860, James Jett was in possession of the land and had been for several years previously. He convoyed it to Thrasher, who conveyed it to Sells in 1865 or 1866, and Sells went into possession and conveyed to Boyd in 1868. Boyd in March, 1869, conveyed to Mrs. Walls, the wife of W. W. Walls. Walls was indebted to the plaintiffs on three notes, and…
1Opinion of the Court
Simmons, Justice.
1. Under the facts reported, the judge directed the jury to return a verdict in favor of Smith, the defendant, on the ground that the deed put in evidence from Walls and his wife to Palmer, Stuart & Co. was made by Mrs. Walls in payment of her husband’s debts, and wa's therefore void under our code, and that Smith, the defendant, could plead this fact. The record does not show that Smith was privy in blood or estate to Mrs. Walls. Where a married woman having a separate estate conveys her property to a third person in payment of her husband’s debts, and afterwards seeks to…
2Cases cited4 opinions
- Bennett v. MattinglyIndiana Supreme Court · 1887
- Sutton v. AikenSupreme Court of Georgia · 1879
- Zellner v. MobleySupreme Court of Georgia · 1890
- City Bank v. SmissonSupreme Court of Georgia · 1884
3Cited by11 opinions
- O'Callaghan v. Bank of EastmanSupreme Court of Georgia · 1935
- Hawes v. GlovesSupreme Court of Georgia · 1906
- Scaife v. ScaifeSupreme Court of Georgia · 1910
- Webb v. HarrisSupreme Court of Georgia · 1906
- Redd & Co. v. Lathem & SonsCourt of Appeals of Georgia · 1924
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