GERSON v. HALEY

42356.

114 Ga. App. 606 (1966)

152 S.E.2d 654

GERSON v. HALEY et al.

Court of Appeals of Georgia.

Decided November 14, 1966.


Attorney(s) appearing for the Case

Rose & Silverman, George S. Stern, for appellant.

Talley Kirkland, Tarleton & Zion, for appellees.


FELTON, Chief Judge.

"[W]here a debtor conveys property to another person, and the vendee as a consideration, in whole or in part therefor, agrees to pay the debts of the vendor, a creditor of the vendor may enforce the assumption agreement against the vendee by a suit in equity with proper pleadings and parties. Such a vendee takes the assets cum onere, impressed with a trust in favor of the creditor. [citations]." (Emphasis supplied.) Alexander v. Dinwiddie...

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