138 Ga. 200 | Ga. | 1912
Mrs. Mary Helmken filed her equitable petition against Mrs. Ellen M. Flood, Mrs. Lavinia Flood, and Mrs. Ellen M. Flood as trustee for Margaret Flood, alleging that Mrs. Ellen M. Flood was indebted to her in the sum of $610 for rent, by virtue of a certain lease contract, a copy of which was attached to the petition. It was also alleged, that, in order to conceal her property and to remove it beyond reach of petitioner’s claim for rent, Ellen M. Flood made two fraudulent conveyances, one to her daughter-in-law, Mrs. Lavinia Flood, conveying to her all of the grantor’s personal property, and the other to herself as trustee for her twelve-year-old daughter, Margaret Flood, conveying all of the grantor’s real estate, with the stipulation that, upon the latter
Does the petition set forth a cause of action? It is insisted by the defendants in error that it does not, for the reasons: (a) That there is no allegation in the petition that Ellen M. Flood, against whom judgment was prayed, was insolvent. (5) That there is no allegation that demand was ever made upon Mrs. Ellen M. Flood for payment of the sum claimed, and that she refused to pay the rent due.