Cronic v. Smith
Supreme Court of Georgia
Action on bond. Before Judge Hutchins. Jackson superior court. August term, 1896. The plaintiff, apprehending a separation from his wife and consequent proceedings for alimony, etc., conveyed by deed to his son-in-law, the defendant, 100 acres of land worth six or seven hundred dollars, for the purpose of enabling defendant to bring about a compromise or settlement between plaintiff and his wife; or, as plaintiff said, the deed was a sham, and he wanted defendant to take it…
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Action on bond. Before Judge Hutchins. Jackson superior court. August term, 1896. The plaintiff, apprehending a separation from his wife and consequent proceedings for alimony, etc., conveyed by deed to his son-in-law, the defendant, 100 acres of land worth six or seven hundred dollars, for the purpose of enabling defendant to bring about a compromise or settlement between plaintiff and his wife; or, as plaintiff said, the deed was a sham, and he wanted defendant to take it to keep plaintiff from being torn up. No money was paid therefor. Three or four days afterward, plaintiff said he wanted…
1Opinion of the CourtLumpkin, J.
An executed contract, such as an absolute conveyance purporting on its face to be a deed for the sale of land, though in fact a “ mere sham ” and made for the purpose of delaying or defrauding a creditor, is binding upon the maker and he is estopped from,, impeaching it; but a bond for titles by the vendee in such deed, to reconvev to the vendor, being an executory contract, may, if directly connected with the fraudulent purpose for which the deed was made, be impeached by the vendee when sought to be enforced by the vendor. Parrott v. Baker, 82 Ga. 364, and cases cited. Hence, a husband who,…
2Cases cited1 opinion
- Parrott v. BakerSupreme Court of Georgia · 1889
3Cited by5 opinions
- Langan v. LanganSupreme Court of Georgia · 1968
- Williams v. WilliamsSupreme Court of Georgia · 1985
- Harrell v. FiveashSupreme Court of Georgia · 1936
- Seymour v. BruceCourt of Appeals of Georgia · 1988
- Head v. HeadSupreme Court of Georgia · 1926