Braswell v. Suber
Supreme Court of Georgia
Ejectment. Deeds. Title. Before Judge Crisp. Sumter Superior Court. October Term, 1877. Súber brought ejectment against Braswell for a tract of land in Sumter county.
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Ejectment. Deeds. Title. Before Judge Crisp. Sumter Superior Court. October Term, 1877. Súber brought ejectment against Braswell for a tract of land in Sumter county. His title rested upon a deed ¡made by the defendant to him on December 4th, 1875. Defendant sought to show that this deed was executed to secure the payment of a debt, admitting at the same time that the debt had not been paid, but insisting that •as the defendant’s wife had not consented to the making of the conveyance, and as a bond for titles or for a reconvey • anee on payment of the debt was not given by the creditor, no…
1Opinion of the Court
Bleckley, Justice.
1. A wife may secure her creditors with her own property, in her own way, without the consent of her husband. And a husband has an equal privilege. He may invite the *399co-operation of liis wife under the act of 1871, (Code, §1969) if he choses, but he is free to dispense with it, notwithstanding that act, if such is his pleasure. The wife has been much advanced by the general tenor of legislation of late years, in respect to her own property. She has acquired a pretty independent position as to title, control and disposition, but this relates to her property, not to his. The…
2Cases cited3 opinions
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- Griggs v. StripplingSupreme Court of Georgia · 1877
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