10 Ga. 241 | Ga. | 1851
By the Court.
delivering the opinion.
The counsel for the plaintiff in execution requested the Court to charge the Jury, that “ If after the execution of the deed from defendant, Curtis, to Patten, the claimant, Curtis continued in possession of the property conveyed, or any part thereof, it was pima facie evidence of fraud as' against creditors, unless the possession was satisfactorily explained.”
The Court refused so to charge the Jury, but instructed them, “ That if Curtis remained in possession of only a part of the premises conveyed, (if the premises were in separate settlements,) then the possession was prima facie evidence of fraud only as to the part of the premises in the actual possession of the defendant,” &c. We think the Court erred in not giving the instruction as requested, and in giving the charge to the Jury as stated in the record. The idea of the Court appears to have been, as we understand it, that the possession of the vendor was only prima facie evidence of fraud as to the particular lot or
Let the judgment of the Court below be reversed, and a new trial granted.