Brandon v. George
Brandon v. George
Opinion of the Court
Opinion by
The complainant, at some time not stated in her bill, became the assignee of a bond given by William P. George, one of the defendants, on March 6, 1895, to secure the payment of $2,000. There was a confession of judgment in this obligation, but judgment was not entered on it until November 1, 1898, on which date, as we learn from the testimony, the judgment was assigned to the complainant. On March 6, 1896, George conveyed to his mother, Mary P. George, the real estate, in part payment of which he had given the said bond. As judgment had not been entered on it at the time of this conveyance, it was not then a lien upon the said real estate. On April 23, 1906 — nearly seven years after the entry of the judgment — this bill was filed by the appellee, averring that the conveyance by George to his mother had been for the purpose of defrauding her; that she was without adequate remedy at law for the wrong done her, and her prayer was that the said Mary P. George be restrained from selling, transferring, assigning or in any way disposing of or encumbering or mortgaging the
Whether tbe evidence justified tbe finding that tbe conveyance from William P. George to bis mother was fraudulently made, for tbe purpose of defrauding tbe complainant, is a question we need not decide, for tbe bill ought to have been dismissed for the reason that the complainant bad a plain, adequate and complete remedy at law for tbe redress of tbe wrong which she alleged bad been perpetrated upon her. This question was raised by tbe demurrer. The answer averred that execution bad been issued on the appellee’s judgment against William P. George, and that, at a sheriff’s sale on the same, she bad become tbe purchaser of tbe defendant’s interest in the property involved in this proceeding. Counsel for appellee admit this to be true. She was, therefore, at the very time she was praying for a decree in tbe court below that tbe title was still in William P. George, and that bis mother be declared a trustee of tbe same for him, tbe absolute owner of whatever interest be had in tbe property. If, at tbe time of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.