Kea v. Epstein & Bros.
Supreme Court of Georgia
Fraud. Assignments. Mortgages. Debtor and creditor. Before Judge Hines. Emanuel superior court. April term, 1890. Epstein & Brother and Rosenheim & Company, creditors of J. R. Howell, filed, their bill to set aside a mortgage made by Howell to Kea and an assignment made by Howell to Dawson and Williams & Brannen.
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Fraud. Assignments. Mortgages. Debtor and creditor. Before Judge Hines. Emanuel superior court. April term, 1890. Epstein & Brother and Rosenheim & Company, creditors of J. R. Howell, filed, their bill to set aside a mortgage made by Howell to Kea and an assignment made by Howell to Dawson and Williams & Brannen. The indebtedness of Howell to Epstein & Brother was $472.56 principal, and to Rosenheim & Company $280.65 principal, the indebtedness to both firms being upon accounts for goods. The mortgage by Howell to Kea was to secure a promissory note for $1,200, the note and mortgage both…
1Opinion of the Court
Bleckley, Chief Justice.
1. If the mortgage was tainted with fraud, it was with actual, not constructive, fraud. As to the existence of a large part of the debt which purported to be secured, there was no evidence, outside of the mortgage and the note described by it, except the testimony of the mortgagee; and he entered into no particulars as to time or place, but said that he had advanced or loaned to the mortgagor, before the mortgage was executed, about $600. He did not show how or where he *118obtained tbe means to do this, and, according to the tax-books adduced in evidence, he possessed…
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