150 Ga. 277 | Ga. | 1920
1. This is a competition between a judgment creditor of a husband, and the latter’s wife claiming legal title to the land levied on; she holding under a deed executed by the husband to her before judgment was rendered against him. The wife claimed the land, and upon the trial of the issue made in the claim case she contended that the conveyance to her by her husband was in recognition of the pre-existing equitable title in her arising from the fact that her money was paid by the husband for the land, the legal title having then been taken in his name, and that the conveyance by him to her was made for the purpose of conveying to her what in equity she then owned. There was evidence on the trial tending to show that a portion, at least, of the purchase-price of the land was paid by the husband with the wife’s money, she tliereby acquiring an undivided equitable interest in the property. On this issue the jury, if it credited the evidence for the claimant, would have been authorized to ■ find in her favor as to some undivided interest in the land. The case does not involve the mere comparison of equities between a judgment creditor and one holding the equitable title. Dodd v. Bond, 88 Ga. 355 (14 S. E. 581); Ford v. Blackshear Mfg. Co., 140 Ga. 670 (79 S. E. 576) ; Harrison v. Peacock, 149 Ga. 515 (101 S. E. 117).
(a) On the issue here the statute is not involved which provides that a conveyance by a debtor of his property for the purpose of delaying and hindering his creditors is void as against them, where the person taking knows of such intention. That statute, in terms, applies to a conveyance made by one of his own property, witli such intention known . to the taker.
(b) The judge correctly charged the law in respect to fraudulent conveyances by one of his own property; but his charge was of such
3. There being evidence tending to show that the conveyance in question was voluntary, and not for a valuable consideration, the judge should have instructed the jury, in compliance with a proper and timely written request, that if the conveyance was voluntary it was not void unless the husband was insolvent at the time it was executed. Civil Code, § 3224, par. 3.
Judgment reversed.