Reynolds v. Statesboro Buggy & Wagon Co.

Supreme Court of Georgia

Reynolds v. Statesboro Buggy & Wagon Co.

171 S.E. 706, 177 Ga. 850, 1933 Ga. LEXIS 445

CourtSupreme Court of Georgia

DecidedNovember 14, 1933

DocketNo. 9464

StatusPublished

Cited by1 cases

This text of 171 S.E. 706 (Reynolds v. Statesboro Buggy & Wagon 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.

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Reynolds v. Statesboro Buggy & Wagon Co., 171 S.E. 706, 177 Ga. 850, 1933 Ga. LEXIS 445 (Ga. 1933).

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Opinion

Bell, J.

1. The evidence authorized the inference that after land was set apart as a year’s support to a widow and minor children, the widow incurred an indebtedness for the support and benefit of the family, and that, having remarried, she executed a deed conveying the land to her second husband under an agreement with him and the creditor that he would assume the indebtedness and would in turn convey the property to the creditor as security therefor. Held, If these were the facts, the former widow merely accomplished indirectly what she might have done directly as to such creditor; and the security deed executed to the creditor by the husband in pxu-suance of such agreement would be valid • and enforceable as against the beneficiaries of the year’s support. Sexton v. Burruss, 144 Ga. 192 (86 S. E. 537); Bridges v. Barbree, 127 Ga. 679 (2) (56 S. E. 1025); Phillips v. Cook, 158 Ga. 151 (123 S. E. 108); Anders v. First National Bank, 165 Ga. 682 (4) (142 S. E. 98); Simpson v. Kelley, 171 Ga. 523 (2) (156 S. E. 198).

2. The evidence did not demand a finding that the creditor had agreed to extend the indebtedness for a period of years on the cancellation of a certain security deed held by the wife against her second husband on the same property, and that the creditor was thus attempting a premature exercise of the power of sale contained in its security deed.

3. On conflicting evidence the judge did not err in refusing to grant an interlocutory injunction against a sale of the land by the creditor under a power of sale contained in its security deed.

Judgment affirmed.

All the Justices concur.

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Bell, J.

1. The evidence authorized the inference that after land was set apart as a year’s support to a widow and minor children, the widow incurred an indebtedness for the support and benefit of the family, and that, having remarried, she executed a deed conveying the land to her second husband under an agreement with him and the creditor that he would assume the indebtedness and would in turn convey the property to the creditor as security therefor. Held, If these were the facts, the former widow merely accomplished indirectly what she might have done directly as to such creditor; and the security deed executed to the creditor by the husband in pxu-suance of such agreement would be valid • and enforceable as against the beneficiaries of the year’s support. Sexton v. Burruss, 144 Ga. 192 (86 S. E. 537); Bridges v. Barbree, 127 Ga. 679 (2) (56 S. E. 1025); Phillips v. Cook, 158 Ga. 151 (123 S. E. 108); Anders v. First National Bank, 165 Ga. 682 (4) (142 S. E. 98); Simpson v. Kelley, 171 Ga. 523 (2) (156 S. E. 198).

2. The evidence did not demand a finding that the creditor had agreed to extend the indebtedness for a period of years on the cancellation of a certain security deed held by the wife against her second husband on the same property, and that the creditor was thus attempting a premature exercise of the power of sale contained in its security deed.

3. On conflicting evidence the judge did not err in refusing to grant an interlocutory injunction against a sale of the land by the creditor under a power of sale contained in its security deed.

Judgment affirmed.

All the Justices concur.

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171 S.E. 706, 177 Ga. 850, 1933 Ga. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-statesboro-buggy-wagon-co-ga-1933.

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