Palmour & Smith v. Johnson
Supreme Court of Georgia
Deeds. Debtor and creditor. Fraud. Notice. Evidence. Admissions. Before Judge "Wellborn. Hall superior court. July term, 1889. On January 7, 1888, the plaintiffs caused an attachment to issue against S. E. Johnson. On the next November 19, they recovered judgment against him, and the execution issuing thereupon was, on the 10th of the following month, levied on land as his property.
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Deeds. Debtor and creditor. Fraud. Notice. Evidence. Admissions. Before Judge "Wellborn. Hall superior court. July term, 1889. On January 7, 1888, the plaintiffs caused an attachment to issue against S. E. Johnson. On the next November 19, they recovered judgment against him, and the execution issuing thereupon was, on the 10th of the following month, levied on land as his property. A claim was interposed by his sister, Mary J. Johnson, on the trial of which the plaintiffs showed a deed, dated August 25, 1887, from G. W. Tanner to S. E. Johnson, conveying the property in question, and…
1Opinion of the Court
Bleckley, Chief Justice.
1. By the code, §1952, every conveyance of real or personal estate, made with intention to delay, or defraud creditors, if such intention be known to the party taking it, is void as against such creditors ; and either notice, or grounds for reasonable suspicion, will be treated as equivalent to knowledge. An absolute deed made as a security for a debt is within this rule. “A fraudulent conveyance cannot stand against creditors, whether made to secure a debt or not. The conveyance must be pure — it must be made bona fide, and with no purpose known to or suspected by the…
2Cases cited1 opinion
- Phinizy v. ClarkSupreme Court of Georgia · 1879
3Cited by5 opinions
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- Durham Iron Company v. DurhamCourt of Appeals of Georgia · 1940
- Webb-Crawford Co. v. BozemanSupreme Court of Georgia · 1934