Wingfield v. Rhea
Supreme Court of Georgia
Husband and Wife. Married Women. Judgments. Promissory Notes. Equity. Trusts. Injunction. Before Judge Branham. Eloyd Superior Court.
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Husband and Wife. Married Women. Judgments. Promissory Notes. Equity. Trusts. Injunction. Before Judge Branham. Eloyd Superior Court. September' Term, 1884. Rhea, cashier, filed his bill against Wingfield, trustee,. and Mrs. M. E. Wingfield, alleging that the former was ■ trustee for the latter for life, with remainder over to her children; that he had obtained a judgment against Mrs. ' Wingfield ánd Mi P. Wingfield jointly for $100.00 principal," besides interest and costs; that the trust property -, brought an annual income of $600.00; that Mrs. Wing" , field had no other property, and the…
1Opinion of the Court
Jackson, Chief Justice.. The questions made in this record are, whether equity will enforce a judgment at law against a married woman, rendered on a promissory note of herself and husband, out of a trust estate for her use during life, and remainder to her children; and whether she is concluded by the judgment at law on the note from the defence that the consideration of the note was the husband’s, and that she was his surety.
1. Both questions have been answered by adjudications of this court, — the first, in the case of Robert, trustee, et al. vs. N. & A. F. Tift, 60 Ga., 566, and 63 Id.,…
2Cases cited3 opinions
- Robert v. TiftSupreme Court of Georgia · 1878
- Lewis v. GunnSupreme Court of Georgia · 1879
- Mashburn v. GougeSupreme Court of Georgia · 1878
3Cited by11 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Williams v. SimmonsSupreme Court of Georgia · 1888
- Garrett v. ThorntonSupreme Court of Georgia · 1924
- Latimer v. Irish-American BankSupreme Court of Georgia · 1904
- McLaws v. MooreSupreme Court of Georgia · 1889
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