Wallace v. Mize
Supreme Court of Georgia
Equitable petition. Before Judge Eortson. Banks superior court. August 5, 1921. R. G. Wallace, as administrator of E. P. Mize, applied to the court of ordinary of Banks county for an order to sell “a tract or parcel of land situated, lying, and being in Bushville district, said county (208th district G. M.), consisting of 108-3/5 acres, more or less, being a part of the place whereon E. P. Mize lived at the time of his death, and being that tract conveyed to E. P. Mize by…
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Equitable petition. Before Judge Eortson. Banks superior court. August 5, 1921. R. G. Wallace, as administrator of E. P. Mize, applied to the court of ordinary of Banks county for an order to sell “a tract or parcel of land situated, lying, and being in Bushville district, said county (208th district G. M.), consisting of 108-3/5 acres, more or less, being a part of the place whereon E. P. Mize lived at the time of his death, and being that tract conveyed to E. P. Mize by deed dated November 30, 1883, from W. S. Mize, recorded in deed book C, page 651, in the office of the clerk of the…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. What statute of limitations is applicable to actions to impose and enforce implied trusts ? By. analogy to the doctrine that actions for the recovery of land can be defeated by prescriptive title, acquired by possession for seven years under color of title, actions to enforce implied trusts must be brought within seven years from the time the actions accrue. Freeman v. Cooper, 14 Ga. 238; Cade v. Burton, 35 Ga. 280; Knox v. Yow, 91 Ga. 367, 376 (17 S. E. 654); McWhorter v. Cheney, 121 Ga. 541, 547 (49 S. E. 603); Pierce v. Middle Ga. Land &c. Co., 131…
2Cases cited44 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Taylor v. StateSupreme Court of Georgia · 1909
- McWhorter v. StateSupreme Court of Georgia · 1903
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
39 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Georgia Power Co. v. IrvinSupreme Court of Georgia · 1997
- O'Callaghan v. Bank of EastmanSupreme Court of Georgia · 1935
- Hadaway v. HadawaySupreme Court of Georgia · 1941
- Stonecypher v. ColemanSupreme Court of Georgia · 1925
42 more not listed; retrieve them via the Exa API.