Gray Bros. v. Gray

• Decision Date: 28 February 1880
• Citation: 65 Ga. 194
• Parties: Gray Brothers et al. v. Gray.
• Court: Georgia Supreme Court

65 Ga. 194

Gray Brothers et al. v. Gray.

Supreme Court of the State of Georgia

(February Term, 1880.)

Injunction. Husband and wife. Alimony. Before Judge Simmons. Houston County. At Chambers. April 13th, 1880. Reported in the opinion.

W. E. Collier; W. C. Winslow, Jr., for plaintiffs in error.

Duncan & Miller, by brief, for defendant.

CRAWFORD, Justice.

Mrs. D.L. Gray filed her bill in equity setting forth that her husband, P. N. Gray, on the seventh day of *Feb-ruary, 1880, abandoned her, and has since that time written to her that he never intended to return; that he made no provision for the support of herself and their infant child, although possessed of ample means to do so; that just before leaving, with the intent and purpose to defeat and prevent her from getting that support which the law would give them, he sold, or pretended to sell, to Gray Brothers, the defendants, his near relatives, all his real and personal estate with knowledge on their part that such was his purpose. She further sets forth that even if the sale were a real one, that the money has not been paid, but held by the purchasers, and if not real but a pretended sale, as she believes it was, the ownership is still in P. N. Gray, her husband, and that this transaction was had to defeat the rights of herself and child. It is also alleged that his land had before then been rented for the present year to the defendant, Sandifer, for nine bales of cotton, for which he gave his note, and if it has been traded, that the purchaser as well as the said Sandifer, had full notice of the purpose and intent of her said husband by trading it to defeat the just claims of herself and child.

The prayer of the bill is, that permanent alimony may be

decreed to them of her said husband, P. N. Gray, to be made chargeable on the land if he still has the title, and that the said pretended sale of the real and personal property be set aside, and declared null and void, and if the sale stands then, that the money be paid into court to be directed by its final decree. She further prays the appointment of a receiver to take charge of the said property pending the litigation, to hold it subject to the order of the court, and that injunction be granted restraining defendants, Gray Brothers, from paying over any money to the said P. N. Gray, or selling or transferring any of the said property, and the said Sandifer from paying the said rent note.

The chancellor on the foregoing bill granted an order *nisi, and, upon hearing, granted an injunction and appointed a receiver,...