Wise v. Moore

Decided August 15, 1860

Supreme Court of Georgia · decided 1860-08-15

Levy and Claim, in Butts' Superior Court. Tried before Judge Cabaniss, at the March Term, i860. This case came up for review, and was heard upon the following state of facts, as exhibited by the record, to wit: On the 19th day of December, 1854, David A. Moore commenced an action, on the case for words, in Butts Superior Court, against Henry Jester.

Cited by 4 later decisions — most recently September 1928

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-08-15

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¶1By the Court.

Lyon, J.,

¶2delivering the opinion.

¶3The charge given by the Court is in conformity to the rulings of this Court, and all others, upon this subject, that I know of. Peck vs. Land. 2 Kelly, 12. Fleming vs. Townsend. 6 Geo. 107. Galt vs. Jackson. 9 Geo. 157. Clayton vs. Brown. 17 Geo. 217. Clayton vs. Tucker. 20 Geo. 452. Voluntary deeds, to be protected from the operation of the 13 Elizabeth, must be bona fide made, and upon good consideration; if made with intent to defraud.creditors they can not be either one or the other. Rob. on Fraud— An. 448. A deed made like this for the benefit of the wife *150and children, and with intent to defraud creditors is void, with or without notice.

¶4We think the evidence sufficient to warrant the charge and support the finding.

¶5JUDGMENT.

¶6Whereupon, it is considered and adjudged, by the Court, that the judgment of the Court below be affirmed.