Fraud will authorize equity to annul conveyances, however solemnly executed.
(Orig. Code 1863, § 3109; Code 1868, § 3121; Code 1873, § 3178; Code 1882, § 3178; Civil Code 1895, § 4032; Civil Code 1910, § 4629; Code 1933, § 37-709; Ga. L. 1986, p. 294, § 4.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 20.
C.J.S.- 30 C.J.S., Equity, § 48.
ALR.
- Relief as regards outstanding money obligation in action for damages for fraud in inducing contract, 3 A.L.R. 74.
Right to recover back in an action at law money paid upon an existing judgment, procured by or grounded on fraud or mistake, 9 A.L.R. 400.
Necessity of participation by the grantee or transferee in the fraud of the grantor or transferor in order to avoid a voluntary conveyance or transfer as against creditors, 17 A.L.R. 728.
Necessity of exhausting remedies against other judgment debtor before bringing suit to set aside conveyance as fraudulent, 22 A.L.R. 200.
Does right of grantor to maintain a suit in equity to set aside his conveyance for cause survive to his heir, 33 A.L.R. 51.
Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 A.L.R. 853; 56 A.L.R. 1217.
Right of one not in possession to maintain suit to remove cloud on title in case of fraud, 36 A.L.R. 698.
Fraud or perjury in misrepresenting status or relationship essential to the judgment as ground of relief from, or injunction against, judgment, 49 A.L.R. 1219.
Protection, as against third persons, of grantor tricked into delivering deed without getting cash payment contemplated, 57 A.L.R. 759.
Wife in respect of her right to maintenance or alimony as within protection of statute or rule avoiding conveyances or transfers in fraud of creditors or persons to whom maker is under legal liability, 79 A.L.R. 421.
Right to creditor to benefit of redemption from, acquisition or extinction of, outstanding right, title, or interest, by grantee or transferee in fraud of creditors, 87 A.L.R. 830.
Criterion of extrinsic fraud as distinguished from intrinsic fraud, as regards relief from judgment on ground of fraud, 88 A.L.R. 1201.
Principle which denies relief to party who has conveyed or transferred property in fraud of his creditors, as affected by execution, as part of, or as contemplated at time of, the fraudulent transaction, of reconveyance or retransfer of the property to him, 89 A.L.R. 1166.
Trustee's, executor's, administrator's, or guardian's purchase from or sale to corporation of which he is an officer or stockholder, as voidable or as ground for surcharging his account, 105 A.L.R. 449.
Avoidance on ground of fraud, mistake, duress, or mental incompetency of otherwise validly effected change of beneficiaries of insurance policies, 105 A.L.R. 950.
Form and particularity of allegations to raise issue of undue influence, 107 A.L.R. 832.
Return or tender of consideration for release or compromise as condition of action for rescission or cancellation, action upon original claim, or action for damages sustained by the fraud inducing the release or compromise, 134 A.L.R. 6.
Right to set aside, for benefit of heirs and distributees, a conveyance or transfer by decedent in fraud of his creditors, 148 A.L.R. 230.
Remedy available against invalid judgment in favor of United States, state, or other governmental unit immune to suit, 163 A.L.R. 244.
Fraud predicated upon vendor's misrepresentation of physical condition of real property, 174 A.L.R. 1010.
Concealment, misrepresentation, or mistake as regards identity of person for whom property is purchased as ground for cancellation of deed, 6 A.L.R.2d 812.
Capacity of cotenant to maintain suit to set aside conveyance of interest of another cotenant because of fraud, undue influence, or incompetency, 7 A.L.R.2d 1317.
Commitment of grantor to institution for insane as ground for setting aside conveyance in consideration of support, 18 A.L.R.2d 906.
Venue of action to set aside as fraudulent conveyance of real property, 37 A.L.R.2d 568.
Right of action for fraud, duress, or the like, causing instant plaintiff to release or compromise a cause of action against third person, 58 A.L.R.2d 500.
Accountability and liability for rents and profits of grantee of fraudulently conveyed real property, 60 A.L.R.2d 593.
Disqualification of arbitrator by court or stay of arbitration proceedings prior to award, on ground of interest, bias, prejudice, collusion, or fraud of arbitrators, 65 A.L.R.2d 755.
Conveyance as fraudulent where made in contemplation of possible liability for future tort, 38 A.L.R.3d 597.
Corporation's measure of recovery against promoter who has made secret profit in sale of property to corporation, 84 A.L.R.3d 162.
Wills: challenge in collateral proceeding to decree admitting will to probate, on ground of fraud inducing complainant not to resist probate, 84 A.L.R.3d 1119.
Action based upon reconveyance, upon promise of reconciliation, of property realized from divorce award or settlement, 99 A.L.R.3d 1248.
Rule denying recovery of property to one who conveyed to defraud creditors as applicable where the claim which motivated the conveyance was never established, 6 A.L.R.4th 862.
ARTICLE 4 ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF