Pierce v. Middle Georgia Land & Lumber Co.
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Taylor superior court. May 29, 1907. E. C. Pierce and his nine children, on March 4, 1907, sued the executors óf T. J. Marshall, Gorman & Huggins, and the Middle Georgia Land & Lumber Company, alleging, in brief, that Mary E. Pierce, the wife of E. O. Pierce, and the mother of his children, died February 20, 1903, leaving no debts; that no administration has been granted on her estate, and that the petitioners compose all her heirs at…
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Equitable petition. Before Judge Felton. Taylor superior court. May 29, 1907. E. C. Pierce and his nine children, on March 4, 1907, sued the executors óf T. J. Marshall, Gorman & Huggins, and the Middle Georgia Land & Lumber Company, alleging, in brief, that Mary E. Pierce, the wife of E. O. Pierce, and the mother of his children, died February 20, 1903, leaving no debts; that no administration has been granted on her estate, and that the petitioners compose all her heirs at law; that in 1886 she deeded to T. J. Marshall 500 acres of land for an expressed consideration of $150, the real…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. The petition alleged that the legal title to the land was m Mary E. Pierce, and that her conveyances to T. J. Marshall were void, (1) because they were made to secure a debt of her husband, (2) because that debt had been paid, and (3) because the deeds were infected with usury. The deed of a wife to secure her husband’s debt is absolutely void as to her and her privies. Gross v. Whitely, 128 Ga. 79 (57 S. E. 94). If Mrs. Pierce’s deed was given to secure her husband’s debt, she would not be under any obligation to pay the debt thereby secured; but if she did pay…
2Cases cited10 opinions
- Belt v. LazenbySupreme Court of Georgia · 1906
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Gross v. WhitelySupreme Court of Georgia · 1907
- Carswell v. HartidgeSupreme Court of Georgia · 1875
- Kupferman v. McGeheeSupreme Court of Georgia · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Wallace v. MizeSupreme Court of Georgia · 1922
- Stephens v. WalkerSupreme Court of Georgia · 1942
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Cochran v. GrooverSupreme Court of Georgia · 1923
30 more not listed; retrieve them via the Exa API.