Thrift Credit Union v. Moore

1. “The law positively forbids any assumption by a wife of the debts of her husband . . . [Code §§ 2-2801, 53-502, 53-503] ; and if a creditor of the husband receives in payment of his debt money of the wife, knowing it to be hers, the wife can recover of the creditor the amount so paid. Humphrey v. Copeland, 54 Ga. 543; Chappell v. Boyd, 61 Ga. 662; Maddox v. Oxford, 70 Ga. 179.” Lewis v. Howell, 98 Ga. 428, 431 (25 S. E. 504); McRitchie v. Atlanta Trust Co., 170 Ga. 296, 301 (152 S. E. 834). The petition alleged that the money which she paid over to the defendant was a part of her separate…