150 Ga. 142 | Ga. | 1920
(After stating the foregoing facts.)'
An absolute conveyance of land purporting to be made on a valuable consideration is binding between the parties, though made for the purpose of hindering, delaying, or defrauding creditors. The
A general demurrer admits facts well pleaded, but not the legal conclusions deduced therefrom by the pleader. ■ In passing upon such demurrer to a petition, all the allegations therein should be, considered; and if in .view of the, entire petition the petitioner is not, entitled to the relief sought, the petition is subject to general demurrer. It ip. evident .from the petition here, considered in its entirety, that the petitioner voluntarily .executed and delivered the deed which he prays that the defendants be required to produce, and which he seeks to have cancelled, for the purpose of. hindering the two creditors who held his promissory notes, and who had refused to accept his offer “to pay them what they had actually been out, both in time, money, and expense on account of the purchase by them of said notes.” The petition alleges that “Petitioner was induced to make said deed upon the representations of his said brother, B. E. Anderson, defendant, that if he, petitioner, would make, said conveyance, he [said defendant] could secure a just, and equitable settlement of the claims against him, and upon the faith which ,he had in the said defendant’s honor, and the confidence which petitioner had in him as a brother, he did make said conveyance.” These allegations clearly. indicate that the deed was executed for the purpose of. enabling the defendant, B. E. Anderson, to secure or make what the petitioner and such defendant should consider “a.just and equitable settlement” with the creditors of the petitioner holding his notes, since the petitioner himself -had failed to secure such a settlement, the title to his land
It follows from what has been said that the court did not err in dismissing the petition on general demurrer.
Judgment affirmed.