138 Ga. 406 | Ga. | 1912
This is a claim case. The claimant is the wife of the defendant. The property levied on is personalty which the claimant contends she purchased from her husband at the time she purchased a tract of land from him. The claimant submitted evidence tending to show, that.at various times, beginning in 1905 and extending to 1907, her husband gave her certain money which she deposited in her own name in a named bank; that her husband bought at auctioneer’s sale a certain tract of land and personalty, and she lent him the money with which to pay for this land; that in 1908 he sold the land and personalty to her in satisfaction of the debt; and that she paid for the same with the money which he had previously given her. The fi. fa. was issued on a judgment obtained in April, 1909.
The court instructed the jury: “That a conveyance made in payment of a bona fide debt, where the creditor [debtor ?] or where the grantor in the conveyance is himself solvent at the time, if not made for the purpose to hinder, delay, or defraud other creditors, or if the conveyance is in good faith, untainted with fraud, it is a valid paper. : . If you find by a preponderance of the evidence that the defendant in fi. fa. was owning the property and was solvent at the time, and he made a bona fide sale of it to his wife and received a consideration for it, that would be a good transaction and a valid transaction. . . If at the time the deed alleged to have been made, or the sale alleged to have been made, the title was in the defendant in fi. fa., and he was at the time solvent, and he sold this property to his wife for a valuable consideration, it would be, gentlemen, a valid sale.’,’ Exception is taken to these excerpts from the charge, on the ground that the court in his instruction to the jury made the validity of the sale depend on the solvency of the defendant in fi. fa. at the date the sale and. conveyance were made.
Judgment reversed.