Supreme Court of Georgia, 1899

Coker v. Evitt

Supreme Court of Georgia · Decided April 21, 1899 · Lumpkin

107 Ga. 324; 33 S.E. 50; 1899 Ga. LEXIS 60

Cases that cite this one

1 later published case cites this decision.

Mendel v. Converse & Co. (Ga. Ct. App. 1923)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Lumpkin, P. J.

This was a claim case, which resulted in a verdict finding subject the property levied on. The only issue contested at the trial was whether or not a deed from the de*325fendant in execution to the claimant, under which she asserted title, was, with her knowledge, made for the purpose of defrauding his creditors. There was not a particle of evidence to show that this was a purely voluntary conveyance, and the instrument itself recited a valuable consideration. Nevertheless, the trial judge submitted to the jury, as if it were a disputed issue, the question whether or not the deed was wholly without consideration. This was obviously erroneous and calculated to mislead the jury. It follows, the case being a close one upon its facts, that the claimant is entitled to a new trial.

Judgment reversed.

All the Justices concurring.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.