Citizens & Southern National Bank v. Kontz

Graham, Judge.

The plaintiff assigns error, in grounds 4 and 6 of its motion, upon the following extracts from the charge of the court: “I will instruct you, gentlemen of the jury, that if it was not the intention of the husband to delay and defraud his creditors, and the deed in question from Mr. Kontz to Mrs. Kontz was based upon a valid consideration, the transaction would be valid; provided that he was not insolvent at the time, and the deed was not voluntary. . . As I stated, in a claim case where the wife sets up title to the property levied upon, under a deed from her husband, and his…