Judges: Pee, Whitfield, Brown, Chapman, Terrell, Buford, Thomas, Compiled, Laws, Rules
Filed Date: 2/27/1940
Status: Precedential
Modified Date: 11/7/2024
This appeal arises out of the same controversy as Gais, et al., Executors v. Drew, Adm., filed this term. In the action for distribution of the assets of Gais Realty Corporation', one of the lots alleged to be part of the assets of the corporation was dismissed from the lis pendens and freed from all claims of Gais Realty Corporation, on the grounds “that the plaintiff and the intervenor have failed to meet the burden of proving that the title to said Lot 26 of Tangier Estates is in' fact in the Gais Realty “Corporation; * *
In an amendment to the original bill of complaint it is alleged “that said conveyance of said Lot 26, Tangier Estates by said Gais Realty Corporation to PI. M. Gais, Inc., was, is and has since its transfer been void, frustrate and of non-effect for the reason that said conveyance was made without consideration therefor and for the purpose of the wrongful dissipation of the assets of- the said Gais Realty Corporation, and for the purpose of hindering the plaintiff in the assertion of his rights as a stockholder of the said Gais Realty Corporation, and for the purpose of defrauding your plaintiff of his proper distribution of the dividends thereon.”
The evidence of the transaction as presented by the record is sufficient to support the findings of the trial court •and the final decree appealed from is—
*143 Affirmed.