Bell v. Bell
Supreme Court of Georgia
In Equity. Marion. Tried before Judge Worrill, March Term, 1856. Amy Bell as the widow, and Mary A. Bell and others as ■ the children, of John Bell, deceased, filed their bill for discovery, account, &c. against William A. Bell, alleging that said John Bell was formerly of Hall Co. and said State, and 'Was the drawer of lot of land No. 125, in the 31st district of ■ originally Lee, now Marion County; that afterwards, he removed to the State of Tennessee, and there died —…
Read the full summary
In Equity. Marion. Tried before Judge Worrill, March Term, 1856. Amy Bell as the widow, and Mary A. Bell and others as ■ the children, of John Bell, deceased, filed their bill for discovery, account, &c. against William A. Bell, alleging that said John Bell was formerly of Hall Co. and said State, and 'Was the drawer of lot of land No. 125, in the 31st district of ■ originally Lee, now Marion County; that afterwards, he removed to the State of Tennessee, and there died — leaving the said Amy Bell, his widow, and certain named children, the complainants, as his next of kin and heirs at law;…
1Opinion of the Court
*255 By the Court,
Lumpkin, J.
delivering the opinion.
[1.] We see nothing in the charge of the Court requiring-notice or comment, except as to the measure of damages.. .Eor that this was one of those too common but highly reprehensible proceedings to wrest property, under color of law, from its innocent but ignorant owners, there can be no doubt.
The rule as to damages, is thus stated by Hill on Trustees (p. 522): “If the property cannot be followed in specie, or if the holder, having taken without notice, cannot be made liable to the trust, the trustee will be decreed to compensate the cestui que…
2Cited by6 opinions
- Fricker v. Americus Manufacturing & Improvement Co.Supreme Court of Georgia · 1905
- Shine v. RedwineSupreme Court of Georgia · 1860
- Cardin v. JonesSupreme Court of Georgia · 1857
- McWilliams v. LehmanSupreme Court of Georgia · 1915
- Deas v. JacksonSupreme Court of Georgia · 1948
1 more not listed; retrieve them via the Exa API.