First National Bank v. Bayless
Supreme Court of Georgia
Equitable petition. Before Judge Milner . Bartow superior court. July terra, 1894.
1Opinion of the Court
Simmons, Chief Justice.
Our code, §1952, declares that “every voluntary deed, or conveyance not for a valuable consideration, made by a debtor insolvent at the time of such conveyance,” “ shall be fraudulent in law against creditors, and as to them null and void.” The only facts necessary to be shown, in order to render the conveyance fraudulent in law, are the indebtedness, the insolvency of the debtor, and that the conveyance was voluntary. When these facts are proved, the law conclusively presumes a fraudulent intent and declares the instrument void so far as creditors who held demands…
2Cases cited7 opinions
- Savage v. . MurphyNew York Court of Appeals · 1866
- Carr v. . BreeseNew York Court of Appeals · 1880
- Wallace v. PenfieldSupreme Court of the United States · 1882
- Rudy v. AustinSupreme Court of Arkansas · 1892
- Fullington v. Northwestern Importers' & Breeders' Ass'nSupreme Court of Minnesota · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mercantile National Bank v. AldridgeSupreme Court of Georgia · 1974
- Sullivan v. GinsbergSupreme Court of Georgia · 1935
- Almand v. ThomasSupreme Court of Georgia · 1918
- Edwards v. United Food Brokers Inc.Supreme Court of Georgia · 1942
- Lane v. NewtonSupreme Court of Georgia · 1913
23 more not listed; retrieve them via the Exa API.