J. E. Simmons & Associates, Inc. v. Christian
J. E. Simmons & Associates, Inc. v. Christian
Opinion of the Court
1. A wife may contract, but she can not “bind her separate estate by any contract of suretyship.” Code § 53-503. “A deed given by a married woman, in pursuance of a scheme by which she pledges her individual property as security for the debt of another, is void in toto. Civil Code (1910), § 3007 [now § 53-503]; Central Bank &c. Corp. v. Almand, 135 Ga. 231 (69 SE 111); Summers v. Lee, 10 Ga. App. 441 (73 SE 602).” Lee v. Johnston, 162 Ga. 560 (2a) (134 SE 166); Williamson v. Walker, 183 Ga. 320, 325 (188 SE 346); Cleaveland v. LaGrange Banking &c. Co., 187 Ga. 65, 69 (200 SE 137).
2. The trial court did not err in overruling the defendant’s general demurrer.
Judgment affirmed.
Mrs. G. A. Christian filed her equitable petition against Yancey Company, Inc., and J. E. Simmons & Associates, Inc., to cancel and have declared null and void a deed to secure debt and a quitclaim deed, alleged to have been executed by the petitioner, a married woman, as security for the debt of Clifford Trott, and for other relief. Copies of the deeds sought to be canceled are attached to the petition. The deed to secure debt recites therein that “the debt hereby secured being an indebtedness of $4,976.99 due to the Yancey Company, Inc. by Mr. Clifford G. Trott who is a business associate of the grantor herein. . .” The petition alleges that, after the execution of the deed to secure debt, the grantee therein, being of the opinion that it was invalid, procured from her the quitclaim deed, which was also a device to secure the indebtedness of Clifford Trott, and a surety obligation. The defendant J. E. Simmons & Associates, Inc.,
J. E. Simmons & Associates, Inc., filed a general demurrer to the petition, and the exception is to the judgment of the trial court overruling the demurrer.
Reference
- Full Case Name
- J. E. SIMMONS & ASSOCIATES, INC. v. CHRISTIAN
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- 2 cases
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- Published