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211 Ga. 753

Wright v. Wright

Supreme Court of Georgia

Decided June 13, 1955

Supreme Court of Georgia · decided 1955-06-13

Cited by 1 later decisions — most recently March 1963

1 state decisions

Relies on Robinson v. Reynolds · Adams v. Barrett · Bugg v. Towner

Good law ✅— No negative treatment on recordhow we know

Decided 1955-06-13

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Duckworth, Chief Justice.

¶1This is an action of all the heirs of a deceased person except the defendant, alleging that the estate was in debt, and petitioners entered into an agreement with the defendant by the terms of which they conveyed their interest in the land of the estate to their co-heir, the defendant, with the understanding he would secure a loan from the Federal Land Bank and, when it was paid, reconvey to them their respective interests therein; that their conveyances were accordingly made, the loan procured, and with their contributions as well as the defendant’s the loan was repaid, and it was prayed that the defendant be required to reconvey as per the agreement. Held:

¶2The petition plainly shows a clear case of fraud against the Federal Land Bank — thus showing the petitioners coming into equity with unclean hands — and therefore they can obtain no relief whatever. Adams v. Barrett, 5 Ga. 404; Bugg v. Towner, 41 Ga. 315; Jones v. Dinkins, 209 Ga. 808 (76 S. E. 2d 489); Robinson v. Reynolds, 194 Ga. 324 (21 S. E. 2d 214). Accordingly, it was reversible error to overrule the general demurrer raising the question. All subsequent proceedings were nugatory.

¶3Judgment reversed.

All the Justices concur.J. Frank Myers, H. B. Williams, for plaintiff in error.E. L. Smith, G. Stuart Watson, contra.
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