Laxton v. Laxton

Judge Harold R. Banke.

In 1987, Kenneth Laxton executed a promissory note and deed to his father, Amos Laxton, “for the express purpose of delaying, hindering or defrauding a potential judgment creditor.” Laxton v. Laxton, 267 Ga. 591, 592 (481 SE2d 227) (1997). Eight years later, Kenneth Laxton attempted to cancel the note and deed on the ground that they lacked consideration. He also sought to enjoin his father from foreclosing on the property through a non-judicial foreclosure proceeding. At trial, the court directed a verdict in favor of Amos Laxton on the undisputed evidence that the…