152 Ga. 332 | Ga. | 1921
The First National Bank of LaFayette, Georgia,
The real contention of plaintiffs in error is that Hugh Lawson Duncan was not, on July 21, 1913, in any sense indebted to the receiver, and that he did not become liable to the receiver until April 29, 1914, when the assessment was made and declared, some ten months after the deed had been executed and delivered. The section of the Civil Code (§ 3224) pertinent to the case at bar declares: “ The following acts by debtors shall be fraudulent in law against creditors and others, and as to them null and void, viz.: . . . Every voluntary deed or conveyance, not for a valuable consideration, made by a debtor insolvent at the time of such convejrance.” In First National Bank of Cartersville v. Bayless, 96 Ga. 684, 685 (23 S. E. 851), it was said by Simmons, Chief Justice: “The only facts necessary to be shown, in order to render the conveyance fraudulent in law, are the indebtedness, the insolvency of the debtor, and that the conveyance was voluntary. When these facts are proved, the law conclusively presumes a fraudulent intent, and declares the instrument void so far as creditors who held demands against the donor at the time of the conveyance are concerned. Such conveyances may also be void as against subsequent creditors, but as to them the law does not conclusively presume a fraudulent intent. Before the conveyanee will be declared void against subsequent creditors, there must be proof of an actual intent to defraud in making the conveyance." See Lane v. Newton, 140 Ga. 415 (78 S. E. 1082). In Almand v. Thomas, 148 Ga. 369 (6), 374 (96 S. E. 962), it was held that “ To avoid a conveyance made by one alleged to have been insolvent at its date, for the purpose of hindering, delaying, and defrauding his creditors, so as to subject the property to the claims of subsequent creditors, it should appear that the conveyance was made with the actual intention of defrauding such subsequent creditors." The ruling was followed in Gohen v. George, 149 Ga. 701 (101 S. E. 803). Even if it be conceded that the evidence did not authorize the judge to find that at the time of the execution and delivery of the deed in question there
It is true that no portion of the liability of stockholders of a national bank for the payment of its debts becomes due or enforceable before the controller of the currency decides that it is necessary to collect it and fixes a time for its payment. The question involved in Richmond v. Irons, 121 U. S. 27, 55 (7 Sup. Ct. 788, 30 L. ed. 864), was whether the individual liability of a stockholder in a national bank survived as against his administrator.
Judgment affirmed.