80 Ga. 353 | Ga. | 1888
[This was a bill, filed by Mrs. Park 'and Mrs. Lewis, in the superior court of Greene county, against Thos. N. Poullain, his wife, Mildred P., and Jos. H. English, sheriff, all of that county, and against Battey & Hamiltons and J. O. Moore, sheriff, all of Floyd county, alleging, in brief, as follows: On August 8, 1879, the complainants filed their bill against Thos. N. Poullain, who was their guardian . Their cause of action was long before that time. On November 6,1886, they obtained a final decree against him, and execution issued thereon. On March 4,1879, the house and lot of Thos. N. in Greenesboro was sold by the sheriff, under a fi.fa. in favor of the Bank of the University against T. N. Poullain et al., to Mrs. MildredP. Poullain, who bid off the property at $1,000. It was worth $3,000. The sheriff made her a deed, and at the same time, they?. fa. was transferred to her in consideration of the amount due thereon. The money she paid in both instances was
Brown, administrator of Dawson, alleging himself to be a creditor of Thos. N., united in the bill making allegations peculiar to his claim, not necessary to set out here.
By amendment, the complainants charged that, bn April 19,1887, Mildred P. collusively made to Battey & Hamiltons a third mortgage on the land covered by the former
The answers of the defendants denied all fraud, collusion, or intent to hinder or delay creditors; that Mildred P. had no means when she married Thos. N; knowledge or notice on part of Battey & Hamiltons of any fact impugning the title of Mildred P., or the reception by them of any cotton that was not credited on the mortgages ; the correctness of the charge as to the manner in which the $1,000 in the sheriff’s hands was raised ; or that the taking of the third mortgage made a novation. The material charges of the bill were denied; and all the transactions referred to were alleged to be fair, honest, and in good faith. Mrs. Poullain answered that the complainants were estopped to deny her sheriff’s title to the Greenesboro property because they had held part of it under deeds from her. The debts due by mortgage to Battey & Hamiltons were for supplies furnished by them and their predecessors, Berrys & Go., for the farm. Answer was made as to the claim of Brown, administrator.
At the hearing both sides introduced affidavits and other evidence in support of their pleadings. There was, among the rest, evidence tending to show that the money paid by Mrs. Poullain to the sheriff for the Greenesboi'o property and to take up the fi. fa. of the Bank of the University, was sent by Berrys & Co. to Thos. N. Poullain ; that Battey was a member of that firm as well as of Battey & Hamiltons ; that out of the money paid by O. P. Morton to Mrs. Poullain for part of the realty sold him, he took up the
The chancellor granted an injunction against Mrs. Poullain, on the ground that the title under which she claimed was a voluntary conveyance from her husband and void as against creditors; but refused an injunction against Battey c% Hamiltons, on the ground that they occupied the position of hona fide purchasers without notice of the defective title. To the latter part of his decision the complainants excepted.]