145 Ga. 503 | Ga. | 1916
Lead Opinion
A fi. fa. in favor of the Citizens National Bank of Danville, Kentucky, against J. W. Warren and C. W. Warren was levied upon a certain tract of land, and a claim was interposed by Mrs. Sarah Ann Warren. Pending the original suit and before judgment, the defendant in fi. fa. conveyed the land to J. T. Shaw, a near neighbor and family connection, upon a purported consideration of $600; and seven days thereafter, for an alleged consideration of $700, Shaw conveyed the land to the wife of the defendant in fi. fa., who is the claimant. It was -the contention of the plaintiff in fi. fa. that these conveyances were made with the intention to hinder and defraud creditors. The jury found the property subject to the fi. fa., and the court refused to set aside their verdict on motion for new trial.
Other assignments, of error are dependent upon those discussed, and do not require specific notice.'
Judgment reversed.
Concurrence Opinion
We must concur, because of the ruling made by a majority of the court in Hinkle v. Smith, 133 Ga. 255; though we still entertain the views that we expressed in that case.