Home/Supreme Court of Georgia/Dickson v. Citizens Bank & Trust Co.

Dickson v. Citizens Bank & Trust Co.

191 S.E. 379, 184 Ga. 398, 1937 Ga. LEXIS 531
CourtSupreme Court of Georgia
DecidedMay 14, 1937
DocketNo. 11772
StatusPublished
Cited by15 cases

This text of 191 S.E. 379 (Dickson v. Citizens Bank & Trust Co.) 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
Dickson v. Citizens Bank & Trust Co., 191 S.E. 379, 184 Ga. 398, 1937 Ga. LEXIS 531 (Ga. 1937).

Opinion

.Bell, Justice.

A bank, after obtaining a judgment against a debtor by note, filed a suit in equity to cancel a deed made by the debtor to his children, two sons and a daughter, as having been made to hinder and defraud the plaintiff as a creditor. The jury found in favor of the plaintiff, and the defendants excepted to the overruling of their motion for a new trial. The evidence tended to show that the deed was executed a few weeks after the maturity of the debt and demand for payment, and that the debtor did not retain in his own name sufficient property to satisfy the debt; also that he remained in possession of the property until his death pending the present action, and that for several years he returned it for taxation in his own name. The grantees contended that [400]*400the deed was made to them in part payment of an indebtedness owing to them by their father, the grantor, and that he remained in possession as their agent. The evidence was sufficient to authorize the inference that one of the grantees represented the others in this adjustment with their father, and knew of the indebtedness to the bank at the time the deed was executed. The other grantees testified that they had no knowledge of this indebtedness, and all of them insisted that the deed was valid as a bona fide preference of them as creditors. After the death of the grantor, a duly appointed administrator of his estate was made a party defendant in his stead. The motion for new trial contained the general grounds and four special grounds added by amendment, the nature of the special grounds being sufficiently indicated in the headnotes. The evidence authorized the verdict, and the court did not err in refusing a new trial. The rulings stated in the headnotes do not require elaboration.

Judgment affirmed.

All the Justices concur, except Jenkins, J., disqualified.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cotton v. John W. Eshelman & Sons, Inc.
223 S.E.2d 757 (Court of Appeals of Georgia, 1976)
Young v. Bozeman
190 S.E.2d 523 (Supreme Court of Georgia, 1972)
Sumter County v. Pritchett
186 S.E.2d 798 (Court of Appeals of Georgia, 1971)
Phillips v. Phillips
112 S.E.2d 594 (Supreme Court of Georgia, 1960)
Gregory v. Ross
104 S.E.2d 452 (Supreme Court of Georgia, 1958)
Adams v. Perry
99 S.E.2d 881 (Supreme Court of Georgia, 1957)
Lewis v. Lewis
80 S.E.2d 312 (Supreme Court of Georgia, 1954)
Bland v. Davison-Paxon Co.
64 S.E.2d 350 (Court of Appeals of Georgia, 1951)
Carithers v. Maddox
55 S.E.2d 775 (Court of Appeals of Georgia, 1949)
Newsome v. Shipp
49 S.E.2d 827 (Supreme Court of Georgia, 1948)
National City Bank v. First National Bank
19 S.E.2d 19 (Supreme Court of Georgia, 1942)
Moncrief Furnace Co. v. Northwest Atlanta Bank
19 S.E.2d 155 (Supreme Court of Georgia, 1942)
Page v. Brown
15 S.E.2d 506 (Supreme Court of Georgia, 1941)
Dewees Co. v. Carter Co. Inc.
8 S.E.2d 376 (Supreme Court of Georgia, 1940)
S. T. & W. A. Dewees Co. v. Paul B. Carter & Co.
8 S.E.2d 376 (Supreme Court of Georgia, 1940)

Cite This Page — Counsel Stack

Bluebook (online)
191 S.E. 379, 184 Ga. 398, 1937 Ga. LEXIS 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-citizens-bank-trust-co-ga-1937.