Babson v. Mceachin

• Decision Date: 10 July 1917
• Docket Number: (No. 516.)
• Citation: 147 Ga. 143,93 S.E. 292
• Parties: BABSON et al. v. McEACHIN. McEACHIN. v. BABSON et al.
• Court: Georgia Supreme Court

93 S.E. 292

(147 Ga. 143)

BABSON et al.

v.McEACHIN.

McEACHIN.

v.BABSON et al.

(No. 516.)

Supreme Court of Georgia.

July 10, 1917.

(Syllabus by the Court.)

Error from Superior Court, Jeff Davis County; J. P. Highsmith, Judge.

Suit by A. E. McEachin against G. J. Bab-son and others. Judgment for plaintiff, motion for new trial overruled, and defendants except and assign error, and plaintiff takes a cross-bill of exceptions. Reversed on main bill of exceptions, and cross-bill of exceptions dismissed.

The petition alleged that a married woman owning described land was unduly induced by her husband to sell the land to him for a valuable consideration, and to execute to him a deed in pursuance of an order granted by the judge of the superior court of her domicile, purporting to have been obtained upon her application, whereas in fact the application was made by her husband in her name and without her consent; that after execution of the deed her husband borrowed certain money from a bank at a usurious rate of interest, and executed to the bank a deed containing a power of sale to pay the secured debt; that the bank transferred the security to a nonresident, who, in the exercise of the power of sale, undertook, through an attorney at law of this state, to sell the property; and that the plaintiff's" husband had recently died while a resident of the county in which the suit was instituted, and his will had been filed for probate, and a "temporary representative" had been appointed to represent the estate. Process was prayed against the nonresident transferee of the security deed the bank which was alleged to reside in another county, the attorney at law who had obtained the order authorizing the sale by the plaintiff to her husband, the attorney who was representing the nonresident transferee in bringing the property to sale (both the attorneys being alleged to reside in a county other than that in which the suit was brought), and the person named as temporary administrator. The relief prayed was for cancellation of the deed made by the plaintiff to her husband and the security deed made by him to the bank and the bank's transfer, for injunction to prevent the sale of the property, and for general relief. The nonresident transferee, expressly reserving his right to object to the jurisdiction, filed a separate demurrer, in which he complained, among other things, that no cause of action was set forth, and that it appear-ed from the allegations of the petition that the...