Hayes v. Hill
Hayes v. Hill
Opinion of the Court
Hill obtained a judgment against Hayes. An execution issued thereon was levied upon a certain tract of land. Hayes, as next friend of his two minor children, claimed the land. The claimants contended that, prior to the creation of the debt by Hayes to Hill, the former owed his wife a con-siderable sum of money; that in payment of this he made to her and the claimants, the two children, a deed to the land levied upon. It appears that this deed was attested by but one witness ■at the time it was executed. The jury found the land subject. A motion for a new trial was overruled, and claimants excepted. The main question at issue on the trial seems to have been, whether the deed from Hayes to his wife and children was ■fraudulent. To establish his good faith in the matter, the •claimants tendered-in evidence a letter written by Hayes to his wife long prior to the creation of the debt upon which the judgment was founded. This letter acknowledged the writer’s indebtedness to his wife, and spoke of her as having purchased •some land, the material portion being as follows: “I am afraid I won’t get you up $400, as you have bought the Jim Wilson place and I will have to get it up as I owe you. So you get up .all you can and have the cotton ready for market. So I get you up $400 that will do you as I owe others.”: This letter was.excluded by the court, and this ruling constitutes one of the errors •complained of as ground for a new trial. We'think the court erred in rejecting this evidence: The bona .tides of. the debt and
It appears that the deed from Hayes to his wife and children was attested -at the time of its execution by but one witness. As-to this question, see Howard v. Russell, 104 Ga. 230.
Judgment reversed.
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