American National Bank & Trust Company of Chattanooga v. Davis

Undercofler, Presiding Justice.

This is an action to set aside a deed for fraud upon a creditor. The trial court granted a motion to strike the defendant grantee for failure to state a claim against her. This is tantamount to dismissing the action because the grantee is an indispensable party. Czyz v. Czyz, 240 Ga. 806 (242 SE2d 585) (1978). We reverse.

A motion to dismiss a complaint should not be granted for failure to state a claim unless the complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support of the…