20 Ga. 600 | Ga. | 1856
By the Court.
delivering the opinion.
By a cross-examination of the witness himself, as was done in this case, the Jury, whose province it is, will be enabled to decide, satisfactorily, as to the credit or weight rather to be attached to the testimony.
If A sells property to B to defeat C, and A pays for it, 'although under the Statute of Elizabeth, the transaction is void as to C; still, it is good as between A and B; and A can recover the possession. Not so, however, if A paid nothing. IfB obtained possession, he could hold it as against A, and volunteers under him. But if he failed to get possession, he cannot ask the aid of a Court to compel the exe«ution of the covinous contract.
Here, then, is the hinge upon which this case turns, to-"•'wit: The bona Jides or mala fides of the real or pretended < Sheriff’s sale, and the further inquiry of injury or no injury to Napoleon by the acts and acquiescence of his father in the ' sale and will.
Although the Court might have been a little more guarded, perhaps, in stating the law, as to the Statute of Limitations, we think he charged it substantially as laid down hjA this Court, when this case was up before.