Lyons v. Bass
Supreme Court of Georgia
Equitable petition. Before Judge Henry. Floyd superior ■ court. November term, 1898. Lyons conveyed certain land to tbe Georgia Loan and Trust Company as security for a debt, and, being unable to pay tbe debt when it matured, sought to make an arrangement with tbe company by which a sale of 108 acres of tbe land to one Lattimore and another, which he had been negotiating, should be carried out and the purchase-price credited on tbe debt, and an extension of time granted as…
Read the full summary
Equitable petition. Before Judge Henry. Floyd superior ■ court. November term, 1898. Lyons conveyed certain land to tbe Georgia Loan and Trust Company as security for a debt, and, being unable to pay tbe debt when it matured, sought to make an arrangement with tbe company by which a sale of 108 acres of tbe land to one Lattimore and another, which he had been negotiating, should be carried out and the purchase-price credited on tbe debt, and an extension of time granted as to the amount remaining due. It was proposed, in order that tbe purchasers might obtain title free from certain liens…
1Opinion of the Court
FisHj.J.
1. As will readily be.perceived from the facts set forth in the official report, the agreement sought to be enforced by the plaintiff was one clearly falling within the statute of frauds. Civil Code, § 2693.
2. The mere fact that, relying upon this agreement, he abandoned pending negotiations between' himself and the Georgia Loan & Trust-Company touching a sale to him by that company of the land in question, will not justify a holding that when Bass, in pursuance of his understanding with Lyons, subsequently became the. purchaser, a resulting trust immediately arose in favor of the…
2Cases cited11 opinions
- Fontaine v. Baxley, Boles & Co.Supreme Court of Georgia · 1892
- Augusta Southern Railroad v. Smith & Kilby Co.Supreme Court of Georgia · 1899
- Perry v. PaschalSupreme Court of Georgia · 1897
- Executors of Adams v. JonesSupreme Court of Georgia · 1869
- Roughton v. RawlingsSupreme Court of Georgia · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Neely v. SheppardSupreme Court of Georgia · 1938
- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Allen & Holmes v. PowellSupreme Court of Georgia · 1906
- Houston v. FarleySupreme Court of Georgia · 1917
- Mays v. PerrySupreme Court of Georgia · 1943
9 more not listed; retrieve them via the Exa API.