Opinion · Supreme Court of Georgia
Booher v. Worrill
57 Ga. 235
- Type
- Opinion
- Court
- Supreme Court of Georgia
- Jurisdiction
- Georgia
- Date
- 1876-07-15
- Topic
- bankruptcy
Bleckley, Judge. 1. Where man and wife are acting together, on the same side of a question of property, they are under temptation to do themselves more than justice. What is secured to the one is apt to be shared by the other. With respect to enjoyment, however it may be as to title, neither is a stranger to the other’s fortune. Contracts between them whieh retain in the family property that would otherwise go to satisfy honest creditors, are to be subjected to strict scrutiny — a vigilant judicial police.
Citator
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- Cited by
- 27 opinions
1. Where man and wife are acting together, on the same side of a question of property, they are under temptation to do themselves more than justice. What is secured to the one is apt to be shared by the other. With respect to enjoyment, however it may be as to title, neither is a stranger to the other’s fortune. Contracts between them whieh retain in the family property that would otherwise go to satisfy honest creditors, are to be subjected to strict scrutiny — a vigilant judicial police. When a creditor challenges such a contract for fraud, slight evidence will change the onus, and cast on the conjugal pair the duty of manifesting the genuineness and good faith of the transaction by such evidence as will satisfy, or ought to satisfy, an honest jury.
2. Here we have a conveyance made by the husband to his wife, pending the creditor’s suit, and only ten days before judgment. The property conveyed was worth several thousand dollars, and the evidence indicates that it was all the debtor had left. He stripped himself of the last and only means of making voluntary payment; and if the conveyance were to stand, a.coercive collection of the debt would, doubtless, be impossible. With these indicia of fraud, there is a prima facie case, and the burden of meeting and explaining it is upon the claimant.
3. And what is the explanation offered ? Chiefly the acts and declarations of the parties themselves at the time of the transaction which stands impeached. The deed purports to have been made for a valuable consideration. The wife had real estate capable of yielding rent. She made a large claim upon her husband for rents collected and not paid over. He admitted that the claim was just. An account was made
2. To scrutinize the charge of the court complained of would be fruitless. Whether the charge was correct or not, the case could have had no other right result, on the evidence before the jury, than the one arrived at.
3. Equally immaterial is it whether the witness, Dr. Bussey, made a mistake in his evidence or not. The proposed correction of the mistake would still leave the radical infirmity
Judgment affirmed.