20 Ga. 233 | Ga. | 1856
By the Court.
delivering the opinion.
The property has not been claimed, but it is alleged that the Sheriff has not proceeded to sell, because he - has been
If the facts stated in complainant’s bill be true, there is nothing to prevent the property from being found subject to their judgment, if it should be claimed.
According to their allegations, Westfall did not make the sale to Hampton until the lien of their judgment had attached; and it was without consideration and fraudulent; and therefore, a claim by him, if these things be true, cannot prevail.
The same may be said in respect to any claim that may be interposed by Mary 0. Westfall or her next friend, if the .statements of the bill are true.
The complainants say that the marriage settlement between their debtor, Thomas G. Westfall, and his wife, Mary C. although written out and signed, was never actually entered into nor recorded; and that by the consent of all the parties thereto, and at the special instance and request of the said Mary C. it was agreed before the marriage, in the presence of many persons, to be thrown aside, and was revoked .and annulled, and never considered as of any binding force after it was signed. If what complainants allege be true, .there can be no reason why a Court of Chancery should take ■ cognizance of the case, especially after the complainants have elected to proceed by levy.
The judgment of the Court below is reversed.