Nicol & Davidson v. Crittenden
Supreme Court of Georgia
Claim. Presumption. Sale. Debtor and creditor. Fraudulent conveyance. Charge of Court. Evidence. Before Judge Hopkins. Fulton Superior Court. October Term, 1874. On the 2nd day of January, 1872', Nicol & Davidson sued out an attachment against H. I. Kimball for $18,000 00 on notes dated in 1870.and 1871, on the ground thatsaid Kimball absconds.
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Claim. Presumption. Sale. Debtor and creditor. Fraudulent conveyance. Charge of Court. Evidence. Before Judge Hopkins. Fulton Superior Court. October Term, 1874. On the 2nd day of January, 1872', Nicol & Davidson sued out an attachment against H. I. Kimball for $18,000 00 on notes dated in 1870.and 1871, on the ground thatsaid Kimball absconds. At 9-J o’clock A. M., January 3, 1872, said attachment was levied upon various items of property, real and personal, including the furniture, fixtures, etc., in the H. I. Kimball House, in Atlanta, Georgia. On the 26 th daj of October, 1872, judgment…
1Opinion of the Court
Bleckley, Judge.
This claim involved the furniture in the H. I. Kimball House, a hotel in the city of Atlanta. The furniture was levied upon by attachment in favor of the plaintiffs, as the property of H. I. Kimball, who was confessedly once the owner, and under whom Crittenden claimed by purchase. At the time of the levy Crittenden had possession. The plaintiffs, as creditors of Kimball, attacked the sale to Crittenden on several grounds. They said, first, that it was not real but only colorable and pretended; secondly, that if real, it was fraudulent because made with intent to delay and…
2Cited by23 opinions
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Beasley v. SmithSupreme Court of Georgia · 1915
- Cunningham v. AvakianSupreme Court of Georgia · 1941
- Federal Deposit Ins. Corp. v. United StatesDistrict Court, N.D. Georgia · 1986
- Forrister v. Manis Lumber Co.Court of Appeals of Georgia · 1998
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