Booher v. Worrill
Supreme Court of Georgia
Debtor and creditor. Husband and wife. Fraud. New trial. Before Judge Crawpobd. Muscogee Superior Court. November Term, 1875. On May 31st, 1872, Worrill recovered a judgment against David L. Booher and Milo Booher, on a note dated September 30th, 1868, and due at two years, for $2,000 00. The execution based upon this judgment was levied upon an undivided half-interest in.a certain part of lot one hundred and seventy, as the property of D. L. Booher.
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Debtor and creditor. Husband and wife. Fraud. New trial. Before Judge Crawpobd. Muscogee Superior Court. November Term, 1875. On May 31st, 1872, Worrill recovered a judgment against David L. Booher and Milo Booher, on a note dated September 30th, 1868, and due at two years, for $2,000 00. The execution based upon this judgment was levied upon an undivided half-interest in.a certain part of lot one hundred and seventy, as the property of D. L. Booher. A claim thereto was interposed by Elizabeth Booher. Upon the issue thus formed, the evidence made, in brief, this case: Until May 21st, 1872,…
1Opinion of the Court
Bleckley, Judge.
1. Where man and wife are acting together, on the same side of a question of property, they are under temptation to do themselves more than justice. What is secured to the one is apt to be shared by the other. With respect to enjoyment, however it may be as to title, neither is a stranger to the other’s fortune. Contracts between them whieh retain in the family property that would otherwise go to satisfy honest creditors, are to be subjected to strict scrutiny — a vigilant judicial police. When a creditor challenges such a contract for fraud, slight evidence will change the…
2Cited by27 opinions
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- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Tucker v. TalmadgeSupreme Court of Georgia · 1938
- Avary v. AvarySupreme Court of Georgia · 1947
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