Weed v. Davis
Supreme Court of Georgia
Claim, in Dougherty county. Tried before Judge Allen, June Term 1858. An execution in favor of Henry B. Weed, was levied on a house and lot in Albany, as the property of Andrew Y. Hampton, who was defendant in fi. fa., and the property was claimed by John A. Davis.
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Claim, in Dougherty county. Tried before Judge Allen, June Term 1858. An execution in favor of Henry B. Weed, was levied on a house and lot in Albany, as the property of Andrew Y. Hampton, who was defendant in fi. fa., and the property was claimed by John A. Davis. On the trial of the elaim, after the evidence and argument closed, the Court charged the jury, that if they were satisfied from the evidence that the Sheriff’s deed of 8th July, 1852,un-der the tax sale, was in pursuance of a purchase made by defendant, Hampton, at which he paid the money, and ordered the title made to his…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the charge of the Court wrong?
The charge seems to amount to this; that although Hampton might have been in debt at the time when he made the voluntary conveyance to his son-in-law, Davis; yet the conveyance was not void as to the persons, to whom he was so in debt, unless the value of the land conveyed, was disproportionably great, as compared with the value of his whole property, and the amount for which he was so in debt.
*686If there is any law which this charge violates, it must be the 13 th of Elizabeth, “against fraudulent deeds,…
2Cited by8 opinions
- Lloyd v. FultonSupreme Court of the United States · 1876
- Westmoreland v. PowellSupreme Court of Georgia · 1877
- Cothran v. ForsythSupreme Court of Georgia · 1882
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
- Cohen v. ParishSupreme Court of Georgia · 1898
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