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89 Ga. 311

Hicks v. Sharp

Supreme Court of Georgia

Decided May 16, 1892

Supreme Court of Georgia · decided 1892-05-16

Fraudulent conveyance. Evidence. Debtor and creditor. Charge of court. Before Judge Boynton. Newton superior court. September term, 1891. A fi. fa. in favor of Sharp against Turner was levied upon certain land known as the Oak Hill place. Hicks and his wife interposed their claim. They relied on a deed made to them jointly by Turner several years before the date of plaintiff’s judgment.

Good law ✅— No negative treatment on recordhow we know

On cross-bill of exceptions, affirmed, with directions · Decided 1892-05-16

How this case has been cited

Cited by 13 later decisions — most recently November 1965

13 state decisions

6018921900191019201930194019501960decided

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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¶1*312Judgment reversed.

1. The claimant’s motion for a new trial alleges that the verdict is contrary to the following charge of the court, for, without considering proof of Turner’s declarations, the jury could not have found that any part of the property was given to Mrs. Hicks: “If you believe from the evidence that Turner had sold the land to Hicks and parted with the title and possession, and Hicks had possession, then no declaration made by Turner about giving a part of the land could be considered by you, and you should not consider such proof of declarations by Turner; but if made before he parted with the title and possession, then you can consider them.” It is alleged in this ground that the proof .shows that all of the alleged declarations by Turner were made after he parted with the possession and title. It is also alleged that the court erred in refusing to give the following instructions as requested: “Unless the evidence shows that Mrs. Hicks was present and heard the alleged conversation between Buchanan and Hicks about a gift of a part of the land by Turner to Hicks, then you should not consider such evidence. If you believe from the evidence that Turner had sold the land to Hicks and parted with the possession, and Hicks has possession, then no declarations made by Turner about giving a part of tbe land could be considered by you.”2. Error is assigned in overruling tbe objection to a part of the interrogatory propounded to Buchanan, in which he was asked: “State whether or not Turner gave his daughter one half of the land.” This question was objected to as leading, which objection was made in writing upon the interrogatories before they were executed.3. Another ground is, that the court erred in charging: “If you believe from the evidence that it was a transaction between father-in-law and son-in-law, or between father and daughter, then the transaction should be scanned with care and caution, and the bonafides of the transaction should be made clearly to appear before you find in favor of it being a bona fide transaction.”4. Error in refusing to charge : “If you believe from the evidence that 0. "W. Turner went to Sharp, the plaintiff-, and got his permission to sell the land to Hicks, and if he afterwards sold the same to Hicks, then the plaintiff- cannot complain of such sale, if it was made in good faith and free from fraud.”5. The remaining grounds of the claimants’ motion, and the only special ground of the plaintiff’s motion assign errors upon the admission of testimony over stated objections, without alleging that such objections were made when the evidence was offered.Hall & Hammond, for claimants.G. W. Gleaton and Capers Hickson, contra.
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