156 Ga. 802 | Ga. | 1923
1. A deed and bill of sale by a wife, made to pay or secure her husband’s debt, is absolutely void. Gross v. Whitely, 128 Ga. 79 (57 S. E. 94); Pierce v. Middle Georgia Land &c. Co., 131 Ga. 99, 101 (61 S. E. 1114); Civil Code (1910), § 3007; Gilmore v. Hunt, 137 Ga. 272 (73 S. E. 364).
2. Where a wife executes,her notes to a creditor of her husband, to pay the husband’s debt to such creditor, and makes the creditor a deed to her realty and a bill of sale to her personalty to secure them, such transaction is void; and the wife can proceed by her petition in equity to cancel such deed and bill of sale as clouds upon her title, and to cancel her notes so given in payment of her husband’s debt. Gilmore v. Hunt, supra; Rountree v. Rentfroe, 139 Ga. 290 (77 S. E. 23).
3. A wife has the right to repudiate a colorable scheme or device by which she was induced by the creditor and her husband to assume the previous debt of her husband to such creditor without any consideration
5. Properly construed, the petition of the plaintiff seeks to cancel her deed, bill of sale, and notes, which she alleges she gave to the defendant, a creditor of her husband, in the assumption and payment of the husband’s debt to the creditor, to recover such of her property so conveyed to the defendant as has not been disposed of by him, with the rents and profits thereof, and to recover the value of such of her said property as the defendant may have sold and disposed of; and so construed, the petition sets forth a cause of action, and the trial judge did not err in overruling the general demurrer on the ground that the same set forth no cause of action, either legal or equitable.
6. The petition is not multifarious.
7. The petition is not subject to demurrer on the ground that the plaintiff does not offer to do equity, she offering to reimburse the defendant for taxes and any money which it may be found on the final hearing of the case had been expended by him in removing the incumbrance which she had placed on the real estate involved in this litigation.
8. Any rights, legal or equitable, of the defendant as the husband’s creditor to subject to the payment of the husband’s debt to him the automobile given by the husband to the wife, and afterwards conveyed by her to the creditor, will not render her bill of sale good, if' made to pay her husband’s debt. The bill of sale, being one transaction, can not be upheld on the ground that it conveyed to the creditor this automobile, which was subject to the payment of the husband’s debt; but the most that can be done is to give effect to any rights of the defendant in this respect. Bond v. Sullivan, 133 Ga. 160 (65 S. E. 376, 134 Am. St. R. 199.
9. The grounds of special demurrer are without merit.
Judgment affirmed.