Gerson v. Haley

Felton, Chief Judge.

“[Wjhere a debtor conveys property to another person, and the vendee as a consideration, in whole or in part therefor, agrees to pay the debts of the vendor, a creditor of the vendor may enforce the assumption agreement against the vendee by a suit in equity with proper pleadings and parties. Such a vendee takes the assets cum onere, impressed with a trust in favor of the creditor, [citations].” (Emphasis supplied.) Alexander v. Dinwiddie, 214 Ga. 441, 443 (2) (105 SE2d 451); Code Ann. § 3-108, as amended by Ga. L. 1949, p. 455. Even if the Alexander v. Dinwiddie case,…