Wynne v. Mixon

• Decision Date: 11 October 1934
• Docket Number: No. 10398.,10398.
• Citation: 179 Ga. 637,176 S.E. 637
• Parties: WYNNE. v. MIXON et al.
• Court: Georgia Supreme Court

179 Ga. 637

176 S.E. 637

WYNNE.
v.
MIXON et al.

No. 10398.

Supreme Court of Georgia.

Oct. 11, 1934.

Syllabus by Editorial Staff.

Error from Superior Court, Dodge County; R. N. Hardeman, Judge.

Suit by P. W. Mixon and others against Birdie Wynne. Judgment for plaintiffs, defendant's motion for a new trial was overruled, and defendant brings error.

Affirmed.

J. H. Milner, of Eastman, for plaintiff in error.

Smith & Ross and D. D. Smith, all of Eastman, for defendants in error.

Syllabus Opinion by the Court

GILBERT, Justice.

This was a proceeding by heirs at law of an estate to set aside several deeds to land, on the ground that the administrator of the estate fraudulently bought at administrator's sale and subsequently conveyed the land as security to one who had knowledge of such fraud, and that such grantor had no valid title. The grantee denied notice of the fraud. That issue controls the case, although other relief was sought. The jury returned a verdict for the plaintiffs. The defendant moved for a new trial on the general grounds, and on two special grounds. The exception is to the overruling of that motion.

1. The evidence authorized the verdict. The negotiation for a loan resulting in the execution of the security deed was directly between J. F. Williams as grantor and W. S. Wynne. The jury was authorized to find that J. F. Williams, for the reasons alleged by petitioners, had no title to the land; that W. S. Wynne acted as agent to Ira B. Wynne; and that W. S. Wynne had full notice of the fraud. As such agent, his notice was notice to Ira B. Wynne, the principal.

2. The first special ground is an elaboration of the general grounds. The second complains that the court erred in failing to submit to the jury "a material issue raised by the pleadings of movant, to wit: That the funds loaned and advanced by Ira B. Wynne to J. F. Williams were applied to the use and...