Gordon v. Harris
Supreme Court of Georgia
Complaint for land. Before Judge James B. Park. Jones su-. perior court. October 22, 1912.. Mrs. Emmie H. Gordon brought suit against A. L. Harris, alleging that on July 5, 1910, she executed to her husband, G. W. Gordon, the following conveyance: "This agreement, made and entered into this the- 5th day of July in the year nineteen hundred and ten, by and between Emmie H. Gordon, wife, and George W. Gordon, the husband, of the County of Jones and State of Georgia, as…
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Complaint for land. Before Judge James B. Park. Jones su-. perior court. October 22, 1912.. Mrs. Emmie H. Gordon brought suit against A. L. Harris, alleging that on July 5, 1910, she executed to her husband, G. W. Gordon, the following conveyance: "This agreement, made and entered into this the- 5th day of July in the year nineteen hundred and ten, by and between Emmie H. Gordon, wife, and George W. Gordon, the husband, of the County of Jones and State of Georgia, as follows: That the said above parties now being in a state of separation, and desiring to make some provisions in lieu of…
1Opinion of the CourtEvans, P. J.
The statute forbids a married woman to sell her separate estate to her husband, unless the sale is approved and sanctioned by the superior court of the county of the wife’s domicile. Civil Code (1910), § 3009. The policy of the statute is to declare invalid every sale made by a wife to her husband, whatever may be the form of the transaction. The law looks to the essence of the transaction, and the wife will not be estopped even by her solemn deed to dispute that the real contract was a1 sale. Dunbar v. Mize, 53 Ga. 435; Although the statute pronounces a sale by the wife to the husband to be…
2Cases cited2 opinions
- Cain v. LigonSupreme Court of Georgia · 1883
- T. J. Dunbar & Co. v. MizeSupreme Court of Georgia · 1874
3Cited by2 opinions
- Simmons Hardware Co. v. TimmonsSupreme Court of Georgia · 1935
- Rich v. RichSupreme Court of Georgia · 1917