Cartledge v. McCoy
Supreme Court of Georgia
Equitable petition. Before Judge Butt. Muscogee superior court. November term, 1894. Tlie iDetition of Sarab M. McCoy alleged: On March 29, 1892, she owned an undivided interest in certain land (described), which was conveyed to her by her father, J. A. Oartledge, on December 4, 1883. He desired to purchase her interest in the land, and she agreed to sell it to bim for $2,500, $500 cash and $500 yearly on March 29, 1893, March 29, 1894, March 29, 1895, and March 29, 1896,…
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Equitable petition. Before Judge Butt. Muscogee superior court. November term, 1894. Tlie iDetition of Sarab M. McCoy alleged: On March 29, 1892, she owned an undivided interest in certain land (described), which was conveyed to her by her father, J. A. Oartledge, on December 4, 1883. He desired to purchase her interest in the land, and she agreed to sell it to bim for $2,500, $500 cash and $500 yearly on March 29, 1893, March 29, 1894, March 29, 1895, and March 29, 1896, and she was to make him a deed to the land, and he was to make her notes for the deferred payments and to secure the same…
1Opinion of the Court
Lumpkin, Justice.
It is well settled that the maker of a fraudulent deed,, executed for the purpose of delaying or defrauding his creditors, is bound thereby, and cannot set up his own fraud in avoidance of the same. Parrott v. Baker, 82 Ga. 364, and cases cited. On page 373, Chief Justice Bleckley says: “A deed, signed, sealed and delivered, and expressing a valuable consideration upon its face, imports a legal consideration; and the maker is estopped from alleging or proving the contrary to defeat the deed as title, if to do so involves-*563setting, np his own turpitude, and convicting himself…
2Cases cited1 opinion
- Parrott v. BakerSupreme Court of Georgia · 1889
3Cited by4 opinions
- Stubbs v. Fulton Nat. Bank of AtlantaCourt of Appeals for the Fifth Circuit · 1945
- McCann v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1937
- Cirillo v. CirilloSupreme Court of Rhode Island · 1950
- Kelley v. HaarUnited States Bankruptcy Court, M.D. Georgia · 2021