Legal Opinion
Hendrix v. Bank of Portal
Supreme Court of Georgia
Decided October 5, 1929No. 6938PublishedCited by 9 opinions
1Opinion of the CourtAtkinson, J.
1. A contract by a wife to sell her separate estate to her husband is void unless it is allowed by order of the superior court in the county of her domicile. Civil Code (1910), § 3009; Echols v. Green, *265140 Ga. 678 (79 S. E. 557) ; Frank v. McEachin, 148 Ga. 858 (98 S. E. 497).
2. A wife may give her separate estate to her husband, without an order from the superior court, but a gift will not be presumed. The evidence to support it must be clear and unequivocal, and the intention of the parties must be free from doubt. Civil Code (1910), § 3010; Frank v. McEachin, supra.
3. The consideration…
2Cases cited11 opinions
- Campbell & Jones v. MurraySupreme Court of Georgia · 1878
- Echols v. GreenSupreme Court of Georgia · 1913
- Gibbs v. LandSupreme Court of Georgia · 1911
- Beach v. LattnerSupreme Court of Georgia · 1897
- Booth v. Atlanta Clearing-House Ass'nSupreme Court of Georgia · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Deen v. Baxley State BankSupreme Court of Georgia · 1941
- Southern Railway Co. v. WilcoxCourt of Appeals of Georgia · 1939
- Moyers v. StateCourt of Appeals of Georgia · 1939
- Rolan v. RittenhouseCourt of Appeals of Georgia · 1963
- Smith v. BukofzerSupreme Court of Georgia · 1935
4 more not listed; retrieve them via the Exa API.