Smith & Son v. Hinkle

Supreme Court of Georgia

Smith & Son v. Hinkle

72 S.E. 345, 136 Ga. 809, 1911 Ga. LEXIS 237

CourtSupreme Court of Georgia

DecidedSeptember 22, 1911

StatusPublished

Cited by1 cases

This text of 72 S.E. 345 (Smith & Son v. Hinkle) 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

Smith & Son v. Hinkle, 72 S.E. 345, 136 Ga. 809, 1911 Ga. LEXIS 237 (Ga. 1911).

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Opinion

Holden, J.

The evidence was sufficient to authorize the jury to find that the deed from the debtor to his wife was void as to the plaintiffs in fi. fa., who were creditors of the grantor when the deed was executed, and that the claimant, who was the grantee of the wife, was not a purchaser for value and without notice of the invalidity of the deed; and the court erred in dismissing the levy, at the conclusion of the evidence offered in behalf of the plaintiffs in fi. fa.

Judgment reversed.

Beak, J., absent. The other Justices eoncur. Allen Fort & Son and Shipp & Sheppard, for plaintiffs. Miller & Jones, contra.

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Holden, J.

The evidence was sufficient to authorize the jury to find that the deed from the debtor to his wife was void as to the plaintiffs in fi. fa., who were creditors of the grantor when the deed was executed, and that the claimant, who was the grantee of the wife, was not a purchaser for value and without notice of the invalidity of the deed; and the court erred in dismissing the levy, at the conclusion of the evidence offered in behalf of the plaintiffs in fi. fa.

Judgment reversed.

Beak, J., absent. The other Justices eoncur. Allen Fort & Son and Shipp & Sheppard, for plaintiffs. Miller & Jones, contra.

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Bluebook (online)

72 S.E. 345, 136 Ga. 809, 1911 Ga. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-son-v-hinkle-ga-1911.

Opinion

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