Thompson v. Hale
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Lee superior court. November 11, 1904. ' F. S. Hale and other patrons of the Smithville Academy, residents and taxpayers of the town of Smithville, brought their equitable petition against W. W. Thompson and others, to .enjoin them from exercising any further authority as trustees of Smith-ville Academy, or from electing or contracting with teachers, and to dissolve the board of trustees and appoint a new board, by reason of the…
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Equitable petition. Before Judge Littlejohn. Lee superior court. November 11, 1904. ' F. S. Hale and other patrons of the Smithville Academy, residents and taxpayers of the town of Smithville, brought their equitable petition against W. W. Thompson and others, to .enjoin them from exercising any further authority as trustees of Smith-ville Academy, or from electing or contracting with teachers, and to dissolve the board of trustees and appoint a new board, by reason of the following facts: On May 16, 1863, M. J. Barrow conveyed to the trustees of Smithville Academy, and to the worshipful…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1-3. It is reasonable to assume that at the time of the execution of the deed from Barrow to the trustees of the Smithville Academy and to the officers of the masonic lodge, the Smithville Academy had a potential existence and its affairs were administered by a board of trustees. The grant, therefore, was to the board of trustees then existing and to their successors in office. Conceding that the deed did not create the trust, but merely put the legal title of the property conveyed into the trustees and their successors, it does not follow that the trustees…
2Cases cited1 opinion
- Beall v. Surviving Executors of FoxSupreme Court of Georgia · 1848
3Cited by8 opinions
- Dominy v. StanleySupreme Court of Georgia · 1926
- Harris v. BrownSupreme Court of Georgia · 1905
- Goree v. Georgia Industrial HomeSupreme Court of Georgia · 1938
- Evans v. NewtonSupreme Court of Georgia · 1964
- Bethel Farm Bureau v. AndersonSupreme Court of Georgia · 1962
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