Sutton v. Aiken
Supreme Court of Georgia
Trusts. Title. Husband and wife. Notice. Before Judge Tompkins. McIntosh Superior Court. May Term, 1878. Aiken as trustee for his wife, brought ejectment against Sutton for four acres of land.
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Trusts. Title. Husband and wife. Notice. Before Judge Tompkins. McIntosh Superior Court. May Term, 1878. Aiken as trustee for his wife, brought ejectment against Sutton for four acres of land. Subsequently plaintiff amended by adding a demise from his said wife, and by alleging that he and his said wife jointly made a deed of the premises to one Epping, the consideration of which was the payment of a debt due by said Aiken to said Epping, and thus illegal and the sale void; that Epping was afterwards repaid said debt by the sale of other property and promised to reconvey, which he has failed…
1Opinion of the Court
Bleckley, Justice.
The verdict was for the defendant, and the court granted a new trial. Shall we reverse the order for a new trial, is the general question for decision.
1. There were two demises in the declaration, one from Aiken as trustee for his wife, and the other from Mrs. Aiken herself. In whom was the legal title prior to the conveyance to Epping? We think it was .in Mrs. Aiken. In the conveyance from Rhett to her husband, a trust for her benefit was indicated by the bare fact that he was denominated in the deed her trustee. Section 2307 of the Code .declares, “No words of separate use…
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- Magid v. BeaverSupreme Court of Georgia · 1938
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