Hood v. Perry
Supreme Court of Georgia
Husband and Wife. Debtor and Creditor. Constitutional Law. Before Judge Brown. Milton Superior Court. February Term, 1885. A ji.fa. against a married woman was levied on lier interest, as dowress, in certain realty, and her husband interposed a claim. His claim was based on a sale from his wife to him and a deed thereunder, dated in 1881, the judgment having been obtained in 1883. No order of the superior court allowing the sale was taken.
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Husband and Wife. Debtor and Creditor. Constitutional Law. Before Judge Brown. Milton Superior Court. February Term, 1885. A ji.fa. against a married woman was levied on lier interest, as dowress, in certain realty, and her husband interposed a claim. His claim was based on a sale from his wife to him and a deed thereunder, dated in 1881, the judgment having been obtained in 1883. No order of the superior court allowing the sale was taken. The court charged, in effect, that, in the absence of such an order, the title of the husband would not be good. The jury found the property subject. The…
1Opinion of the Court
Hall, Justice.
Two questions are submitted for our determination :
(1.) Whether a sale made by a married woman to her husband, without being allowed by the order of the sune*311rlor court of the county of her domicile, is valid, or whether such sale is void or only voidable.
(2.) Whether a judgment creditor of the wife can subject property thus sold to her husband to the payment of such judgment debt, or whether the wife alone can set aside the sale. ■
1. In Cain vs. Ligon, administrator, et al., 71 Ga., 692, we held that a gift by the wife to the husband was not per se void, where the gift was made…
2Cases cited2 opinions
- Cain v. LigonSupreme Court of Georgia · 1883
- Hood v. PerrySupreme Court of Georgia · 1884
3Cited by15 opinions
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- Georgia Casualty Co. v. McRitchieCourt of Appeals of Georgia · 1932
- Echols v. GreenSupreme Court of Georgia · 1913
- Stonecipher v. KearSupreme Court of Georgia · 1908
- Fulgham v. PateSupreme Court of Georgia · 1886
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