Wright v. Ehrlich & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Cox. Decatur superior court. November 12, 1915. H. B. Ehrlich & Company brought their action against 0. C. Wright and Mrs. Susan Wright. The material portions of -the petition are as follows: C. C. Wright is indebted to petitioners in the sum of $785.20, besides interest.
Read the full summary
Equitable petition. Before Judge Cox. Decatur superior court. November 12, 1915. H. B. Ehrlich & Company brought their action against 0. C. Wright and Mrs. Susan Wright. The material portions of -the petition are as follows: C. C. Wright is indebted to petitioners in the sum of $785.20, besides interest. In the year 1910 C. C. Wright was the owner of a certain described tract of land, and on July 1st of that year he did execute to Mrs. Susan Wright, his mother, a warranty deed to this land and this was subsequent to the creation of the debt to petitioners. While said deed purports to have…
1Opinion of the CourtBeck, J.
(After stating the facts.) We. are of the opinion that the court erred in overruling the motion to dismiss the petition. The contention of the plaintiffs in error, as made by them in their motion to dismiss, is sound. They contend (and the defendants in error do not take issue with them upon this contention) that the deed from C. C. Wright to his mother, under the facts alleged, was void or voidable,; if the deed was void, title to the land vested in the trustee in bankruptcy; if voidable, the right to have it declared void was in the trustee in bankruptcy; and the trustee alone had the right…
2Cases cited1 opinion
- Beasley v. SmithSupreme Court of Georgia · 1915
3Cited by4 opinions
- Berry v. WatkinsSupreme Court of Georgia · 1924
- Hall Hardware Co. v. Ladson Brick & Tile Co.Supreme Court of Georgia · 1925
- Wright v. Calhoun National BankCourt of Appeals of Georgia · 1923
- Sims v. WrightSupreme Court of Georgia · 1943