Tucker v. Zimmerman
Supreme Court of Georgia
Trusts. Parties. Decree. Before Judge Clark. Fulton Superior Court. April Term, 1878. On April 30th, 1869, Tucker filed his bill against Plumb, as trustee for Mrs. Zimmerman and her son, George, and Zimmerman & Yerdery, in which he alleged, in substance, as follows: In 1866 Zimmerman & Yerdery became indebted to him for money loaned, between $5,000.00 and $6,000.00. When the loan was made, Zimmerman owned a house and lot in the city of Atlanta, which he subsequently conveyed…
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Trusts. Parties. Decree. Before Judge Clark. Fulton Superior Court. April Term, 1878. On April 30th, 1869, Tucker filed his bill against Plumb, as trustee for Mrs. Zimmerman and her son, George, and Zimmerman & Yerdery, in which he alleged, in substance, as follows: In 1866 Zimmerman & Yerdery became indebted to him for money loaned, between $5,000.00 and $6,000.00. When the loan was made, Zimmerman owned a house and lot in the city of Atlanta, which he subsequently conveyed (November, 1867,) to Plumb as trustee as aforesaid. This property was of the value of $12,000.00. The trust was to…
1Opinion of the Court
Bleckley, Justice.
If Tucker, the creditor, had levied upon the property as the property of Zimmerman, the debtor, in the first instance, Plumb as trustee might have interposed a claim without making Mrs. Zimmerman and her son parties. The verdict rendered on the trial of such a claim, would have bound the trust, as well as the creditor. Instead of attacking the trust title by levy, and thus bringing on the issue by means of levy and claim, the creditor filed a bill, assailing the trust deed as fraudulent and void in so far as it operated against him as a creditor of Zimmerman, the creator of…
2Cited by6 opinions
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Jackson v. TallmadgeNew York Court of Appeals · 1927
- Zimmerman v. TuckerSupreme Court of Georgia · 1879
- du Pont v. du PontCourt of Chancery of Delaware · 1932
- Liberty Storage & Warehouse Co. v. Van WyckCity of New York Municipal Court · 1937
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