Scales v. Scales, 30399
| Decision Date | 28 October 1975 |
| Docket Number | No. 30399,30399 |
| Citation | 235 Ga. 509,220 S.E.2d 267 |
| Parties | Sylvia Adams SCALES v. James Walter SCALES. |
| Court | Georgia Supreme Court |
Webb, Fowler & Tanner, Jones Webb, J. L. Edmondson, Lawrenceville, for appellant.
Cheeley & Chandler, Joseph E. Cheeley, Buford, for appellee.
This appeal is from a divorce verdict and judgment providing, The plaintiff, Sylvia Adams Scales, contends that she owned said dwelling and therefore the verdict and judgment constitute an illegal award of alimony from the wife to the husband and countenance a fraudulent conveyance.
The evidence shows that the house was originally purchased by the wife's brother for $7,250 in 1960, that he borrowed $5,000 to pay for the property, that the husband was a minor at the time of the purchase, that the title to the property was then conveyed to the husband on condition that he pay the outstanding indebtedness, that the husband testified that when he tried to pay his brother-in-law the remaining $2,250 on the purchase price he was told that it was a gift, the wife testified that her family helped pay some of the notes on the property, and that she had not worked outside the home since the children were born. In 1970 the husband conveyed the property to the wife by warranty deed.
The husband testified that he conveyed the property to his wife because, 'I was driving a truck and I had a friend that had a wreck and they taken everything he had, taken his home and everything cause it was his fault and they sued him and took everything he had.' Held:
The appellee husband contends that an implied resulting trust was established by the evidence.
Code § 108-116 provides: 'As between husband and wife, parent and child, and brothers and sisters, payment of purchase money by one, and causing the conveyance to be made to the other, shall be presumed to be a gift; but a resulting trust in favor of the one paying the money may be shown and the...
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Stokes v. Stokes
...that absent a resulting trust, the jury award of the wife's one-half interest to the husband could not be sustained. Scales v. Scales, 235 Ga. 509, 220 S.E.2d 267 (1975) Without a resulting trust, an award to the husband of a portion of the wife's property was not Byrd v. Byrd, 238 Ga. 569,......
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Ford v. Ford
...and that a reasonable division of the equity in the residence be divided between the parties. Relying on the case of Scales v. Scales, 235 Ga. 509, 220 S.E.2d 267 (1975), the trial court held that the presumption of gift from Code § 108-116 stood unrebutted and sustained a motion for a dire......
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Hargrett v. Hargrett
...trust is shown. Code Ann. §§ 108-116, 108-106(1), (3), 108-110; Williams v. Thomas, 200 Ga. 767, 38 S.E.2d 603 (1946); Scales v. Scales, 235 Ga. 509, 220 S.E.2d 267 (1975). The jury award in this case cannot be sustained as a resulting Inceptive fraud : 2 Where a promise of the wife was the......
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Adderholt v. Adderholt, 32961
...in her name were to be held in trust for her husband. The wife testified that there was no such agreement. In Scales v. Scales, 235 Ga. 509, 510, 220 S.E.2d 267, 268 (1975), this court ruled: "Code § 108-116 provides: 'As between husband and wife, parent and child, and brothers and sisters,......
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The Renewed Significance of Title in Dividing Marital Assets
...O.C.G.A. § 53-12-92 (2009)]. [66]"> [66]">[67]"> Coe, 285 at 865, 684 S.E.2d at 600. [67]"> [67]">[68]"> See, e.g., Scales v. Scales, 235 Ga. 509, 510, 220 S.E.2d 267, 268 (1975). [68]">[69]"> See Coe, 285 Ga. at 865, 684 S.E.2d at 600. [69]"> [69]">[70]"> Laura W. Morgan & Edward S. Snyder......