Coker v. Evitt

Supreme Court of Georgia

Coker v. Evitt

33 S.E. 50, 107 Ga. 324, 1899 Ga. LEXIS 60

CourtSupreme Court of Georgia

DecidedApril 21, 1899

StatusPublished

Cited by1 cases

This text of 33 S.E. 50 (Coker v. Evitt) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coker v. Evitt, 33 S.E. 50, 107 Ga. 324, 1899 Ga. LEXIS 60 (Ga. 1899).

Pincite

Opinion

Lumpkin, P. J.

This was a claim case, which resulted in a verdict finding subject the property levied on. The only issue contested at the trial was whether or not a deed from the de[325]*325fendant in execution to the claimant, under which she asserted title, was, with her knowledge, made for the purpose of defrauding his creditors. There was not a particle of evidence to show that this was a purely voluntary conveyance, and the instrument itself recited a valuable consideration. Nevertheless, the trial judge submitted to the jury, as if it were a disputed issue, the question whether or not the deed was wholly without consideration. This was obviously erroneous and calculated to mislead the jury. It follows, the case being a close one upon its facts, that the claimant is entitled to a new trial.

Judgment reversed.

All the Justices concurring.

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Lumpkin, P. J.

This was a claim case, which resulted in a verdict finding subject the property levied on. The only issue contested at the trial was whether or not a deed from the de[325]*325fendant in execution to the claimant, under which she asserted title, was, with her knowledge, made for the purpose of defrauding his creditors. There was not a particle of evidence to show that this was a purely voluntary conveyance, and the instrument itself recited a valuable consideration. Nevertheless, the trial judge submitted to the jury, as if it were a disputed issue, the question whether or not the deed was wholly without consideration. This was obviously erroneous and calculated to mislead the jury. It follows, the case being a close one upon its facts, that the claimant is entitled to a new trial.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)

33 S.E. 50, 107 Ga. 324, 1899 Ga. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-evitt-ga-1899.

Opinion

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