177 Ga. 554 | Ga. | 1933
(After stating the foregoing facts.) Under the pleadings and the evidence the court was authorized to find in favor of the defendants. J. F. Askew died on May 5, 1925. The Hogansville Banking Company closed its doors on October 25, 1928. The stock assessment on the shares of bank stock belonging to the estate of J. F. Askew was issued on November 15, 1928. There was no evidence that the bank was insolvent at the death of Askew or at the time of any conveyance attacked by the superintendent as fraudulent. The estate therefore did not appear to be indebted to the bank of the superintendent as a stockholder at the time of the transactions attacked by the superintendent. The Civil Code (1910), § 3224, provides that the following acts of debtors shall be fraudulent in law against creditors and others and as to them null and void: “Every assignment or transfer by a debtor, insolvent at the time, of real or personal property, or choses in action of any description, to any person, either in trust
The plaintiff also insists that the purchase of certain property by the defendants at administrators’ sale was fraudulent and void, because they personally bought the property from themselves as administrators at a nominal price; or, if Mrs. J. F. Askew bought at the administrators’ sale, that such purchase was also
It is also insisted by the plaintiff that the bank stock belonging to J. F. Askew at the time of his death in 1925 was not sold by the administrators, but was kept as an asset of the estate; that this was a fraud on the part of the administrators, and they and their surety should be held liable for the assessment on this bank stock. The administrators testified that they thought it to the best interest of the estate to hold the stock; that it was several years after the death of J. F. Askew before the bank closed its doors; that they had confidence in the soupdness of the bank; that they purchased other stock of the bank at par for their individual account during the time they held the stock of J. F. Askew as administrators of his estate; and that they thought the stock in the bank was a good investment. The plaintiff failed to show any fraudulent intent on the part of the administrators in retaining this bank stock as an asset of the estate of J. F. Askew, and in failing to sell the same.
Considering the entire record, the court did not err in the judgment rendered in behalf of the defendants.
Judgment affirmed on the main hill of exceptions; cross-hill dismissed.