King v. Poole
Supreme Court of Georgia
Husband and wife. Eraud. Evidence. New trial. Before Judge Wright. Decatur Superior Court. November Term, 1877. Two executions in favor of Ephraim H. Poole against Thomas E. Hampton, as administrator of Columbus C. King, were .levied upon a house and lot in the city of Bainbridge, as the property of the defendant. A claim was interposed by Mary A. King, the widow of the intestate.
Read the full summary
Husband and wife. Eraud. Evidence. New trial. Before Judge Wright. Decatur Superior Court. November Term, 1877. Two executions in favor of Ephraim H. Poole against Thomas E. Hampton, as administrator of Columbus C. King, were .levied upon a house and lot in the city of Bainbridge, as the property of the defendant. A claim was interposed by Mary A. King, the widow of the intestate. She derived title from her husband under deed made to John C. Butherford as her trustee, on December 27, 1867, the consideration expressed being love and affection. The judgments on which the executions were based…
1Opinion of the Court
Bleckley, Justice.
1. A voluntary conveyance by a debtor, made with an actual intention to delay or defraud creditors, where such intention is known to the party taking, is void, whether the debtor be solvent or not. If made without an actual intention to delay or defraud, it is equally void, provided the debtor be at the time insolvent. In either case, the law adjudges the conveyance void, not as between the parties, but as against creditors. Code, §1952. The fact that a debtor who made, in 1867, a voluntary conveyance to his wife, or to a trustee for her benefit, was insolvent in 1871, and…
2Cited by5 opinions
- Cothran v. ForsythSupreme Court of Georgia · 1882
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
- Mercantile National Bank v. AldridgeSupreme Court of Georgia · 1974
- Greer v. WillisSupreme Court of Georgia · 1881
- Miller v. Clermont Banking Co.Supreme Court of Georgia · 1935