Fields v. Marchman

Supreme Court of Georgia

Decided October 9, 1934

Supreme Court of Georgia · decided 1934-10-09

Relies on 31 Ga. App. 265 - Greene v. Matthews · Hilburn v. Hightower · Coulter v. Lumpkin

Good law ✅— No negative treatment on recordhow we know

Decided 1934-10-09

How this case has been cited

Cited by 6 later decisions — most recently June 1972

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, J.

¶1This was a suit by a wife to cancel a deed alleged to have been made by her husband to his sister to defeat a judgment in favor of the plaintiff for temporary alimony and attorney’s fees. In view of the relationship between the grantor and grantee, and other circumstances which might be considered as badges of fraud, the bona fides of the transaction was a question for the jury, and it was error to grant a nonsuit. Coulter v. Lumpkin, 100 Ga. 784 (2) (28 S. E. 459); Hilburn v. Hightower, 178 Ga. 534 (4) (173 S. E. 389); Greene v. Matthews, 31 Ga. App. 265 (120 S. E. 434).

¶2 Judgment reversed.

All the Justices concur. Louis II. Foster and A. A. Owen, for plaintiff. M. G. Hides, Leward Hightower, and D. T. Pye, for defendants.