Farmers & Merchants National Bank v. Cook

Supreme Court of Georgia

Farmers & Merchants National Bank v. Cook

143 S.E. 385, 166 Ga. 322, 1928 Ga. LEXIS 303

CourtSupreme Court of Georgia

DecidedMay 16, 1928

DocketNo. 6251

StatusPublished

Cited by1 cases

This text of 143 S.E. 385 (Farmers & Merchants National Bank v. Cook) 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

Farmers & Merchants National Bank v. Cook, 143 S.E. 385, 166 Ga. 322, 1928 Ga. LEXIS 303 (Ga. 1928).

Pincite

Opinion

Beck, P. J.

Whether the deed from the defendant in fi. fa. to the claimant was a bona fide conveyance for a valuable consideration and valid under all the circumstances, or whether it was made with the intent on the part of the grantor to hinder, delay, and defraud creditors, and whether the grantee in the deed, the claimant in this case, had knowledge of such intent or knowledge of facts which would have amounted to notice, was a question which should have been determined by the jury. The evidence was such as to raise an issue as to this question, and the court should not have granted a nonsuit, or, what in effect amounted to the same thing, dismissed the levy; but under proper instructions upon the pertinent issues should have submitted the casS to a jury. Judgment reversed.

All the Justices concur. JS. 8. Ault and John K. Davis, for plaintiff. Q. 8. Claxton and W. W. Mundy, for defendant.

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

Beck, P. J.

Whether the deed from the defendant in fi. fa. to the claimant was a bona fide conveyance for a valuable consideration and valid under all the circumstances, or whether it was made with the intent on the part of the grantor to hinder, delay, and defraud creditors, and whether the grantee in the deed, the claimant in this case, had knowledge of such intent or knowledge of facts which would have amounted to notice, was a question which should have been determined by the jury. The evidence was such as to raise an issue as to this question, and the court should not have granted a nonsuit, or, what in effect amounted to the same thing, dismissed the levy; but under proper instructions upon the pertinent issues should have submitted the casS to a jury. Judgment reversed.

All the Justices concur. JS. 8. Ault and John K. Davis, for plaintiff. Q. 8. Claxton and W. W. Mundy, for defendant.

Cite This Page — Counsel Stack

Bluebook (online)

143 S.E. 385, 166 Ga. 322, 1928 Ga. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-merchants-national-bank-v-cook-ga-1928.

Opinion

Related

Cite This Page — Counsel Stack