Simmons Hardware Co. v. Timmons

Bell, Justice.

1. A suit by a wife to cancel a deed of conveyance made by her to her husband and a mortgage on the Same property made by her husband to his creditor, upon the ground that the transactions represented by these two instruments constituted a mere colorable scheme whereby the property of the wife should be pledged by the husband as security for his debt, is not strictly a proceeding quia timet, and is not governed in all respects by rules applicable to a case of that character (City of Atlanta v. Jones, 135 Ga. 376 (5), 69 S. E. 571) ; and if the wife’s petition in such case “does…