136 Ga. 809
Decided September 22, 1911
Supreme Court of Georgia · decided 1911-09-22
Claim. Before Judge Littlejohn. Sumter superior court. November 28, 1910. An execution in favor of the plaintiffs in error against A. B. Hinkle, administrator of J. B. Hinkle, deceased, was levied upon a tract of land, and the defendant in error, Mrs. Nita 0. Hinkle, filed a claim thereto. Upon the trial the court granted an order nonsuiting the case and dismissing the levy, and to this order the plaintiffs in fi. fa. excepted.
Cited by 1 later decisions — most recently May 1927
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1911-09-22
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¶1The evidence was sufficient to authorize the jury to find that the deed from the debtor to his wife was void as to the plaintiffs in fi. fa., who were creditors of the grantor when the deed was executed, and that the claimant, who was the grantee of the wife, was not a purchaser for value and without notice of the invalidity of the deed; and the court erred in dismissing the levy, at the conclusion of the evidence offered in behalf of the plaintiffs in fi. fa.
¶2Judgment reversed.