Kennedy v. Lee
Supreme Court of Georgia
Husband and Wife. Fraud. Debtor and Creditor. Before Judge Clarke. Terrell Superior Court. May Term, 1883. Lee obtained judgment on a note made by Kennedy to Stevens, or bearer, and levied on certain property, which was claimed by Mrs. Kennedy, the wife of defendant.
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Husband and Wife. Fraud. Debtor and Creditor. Before Judge Clarke. Terrell Superior Court. May Term, 1883. Lee obtained judgment on a note made by Kennedy to Stevens, or bearer, and levied on certain property, which was claimed by Mrs. Kennedy, the wife of defendant. On the trial, the evidence showed the following facts: Kennedy bought for his wife, with her money, a lot from one Morrow, who was acting as agent for his mother, in 1875. When the last payment was made, the deed was made by Morrow to Kennedy, without mentioning his wife. In 1879 and 1880, at her request, Kennedy returned the…
1Opinion of the Court
Jackson, Chief Justice.
This was a levy on property as the husband’s, and claim made to it by the wife. The judge charged the jury that “ if Mrs. Kennedy’s money paid for the land, but the deed was made to Mr. Kennedy, and while it remained so, Kennedy gave out that the land was his; by her direction returned it for taxes as his own; so represented it to Stevens at the time of obtaining the credit for which the note to Stevens was given; and Stevens gave him that credit on the faith of that property being his, without notice of her right, then the land is subject, notwithstanding Mrs. Kennedy…
2Cases cited2 opinions
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3Cited by16 opinions
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