178 Ga. 328 | Ga. | 1934
The plaintiff in error was compelled to go into “the camp of the enemy” for testimony. It introduced both Leonard, the grantor, and Bozeman, the grantee, of one of the deeds attacked, and sought, as far as possible, to show by the same witnesses that the conveyance of a different tract of land by John Leonard to C. M. Powell was made for the purpose of hindering, delaying, and defrauding creditors. It also introduced a witness who testified that in his opinion the property purchased by Bozeman was worth $500 more than Bozeman paid Leonard for it.
The first question that arises is whether or not the plaintiff introduced sufficient evidence to establish by a preponderance of the testimony that the conveyances it sought to set aside were made for the purpose of hindering, delaying, or defrauding creditors. Bozeman and Powell are brothers-in-law of Leonard, the grantor in each of the deeds attacked. But while transactions between near relatives are to be scrupulously inspected, and the law permits evidence of relationship to give additional weight to other circumstances, and thus to bear heavily upon transactions between them, we are not aware of any rule by which the mere fact of the relationship, unsupported by other circumstances, would authorize a finding that a transaction between persons sustaining even close relationship one to the other, except that, of husband and wife, can be made a badge of fraud. In its knowledge of human nature the law wisely keeps in sight the thought so sententiously expressed by Burns, that “If self the wavhing balance shake, it’s rarely right adjusted,” and is justly inclined to give more weight to circumstances which of themselves indicate a purpose to hinder, delay, or defraud creditors than if the parties to the transaction under investigation are strangers.
Hovrever, after having more than once read and reread the brief of evidence, we concur in the judgment of the learned trial judge, for the reason that Webb-Crawford Company did not carry the burden of establishing that the two transactions involved, or either of
The fact that an attorney at law is employed as such by an intending purchaser of real estate, to investigate the title of the prospective vendor thereto and prepare deeds of conveyance to the vendee, does not, without more, make such attorney the agent or representative of the purchaser, so as to charge the latter with the knowledge of the attorney as to the pendency of a suit against the vendor of the realty, or of the rendition of a judgment against such vendor.
The ruling stated in the third headnote requires no elaboration.
Judgment affirmed.