Allen v. Brown
Supreme Court of Georgia
Fraudulent conveyances. Before Judge Hareell. Randolph Superior Court. November Term, 1870. Reuben J. Allen et ctl., as heirs of Jeremiah J. Allen/by their bill against Enoch G. and Thomas J. Brown, made this case: In 1856 their father died, owning land, lot number eighty-six, in said county. There was administration on his estate, and the administrator sold said lot at public outcry, and one Harp bid it off.
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Fraudulent conveyances. Before Judge Hareell. Randolph Superior Court. November Term, 1870. Reuben J. Allen et ctl., as heirs of Jeremiah J. Allen/by their bill against Enoch G. and Thomas J. Brown, made this case: In 1856 their father died, owning land, lot number eighty-six, in said county. There was administration on his estate, and the administrator sold said lot at public outcry, and one Harp bid it off. The administrator made Harp a deed, but got only Harp’s note for the sum bid. That administrator died, Harp became administrator, de bonis non, of their father, and as such got up his…
1Opinion of the Court
McCay, Judge.
It is admitted, on all sides, that the deed made by Harp to Brown was fraudulent, as against Harp’s creditors, so far as concerns one-half of the land mentioned therein. As to that, it seems the plaintiff in the bill has got his rights. The real object of the bill is to set aside the deed as to the other half.
There is a good deal of evidence going to show that Mr. Harp was, in good faith, the debtor of young Brown and his wife, and that it was a part of the original transaction in making this deed to pay to them his debt to them. We think if it appear that such was the bona -fide…
2Cited by4 opinions
- Jones v. HarrellSupreme Court of Georgia · 1900
- Hill v. BalkcomSupreme Court of Georgia · 1888
- Kea v. Epstein & Bros.Supreme Court of Georgia · 1891
- Lanier v. OlliffSupreme Court of Georgia · 1903