Harris v. Pounds
Supreme Court of Georgia
Equity. Injunction. Trusts. Before Judge Pottlu. Wilkes Superior Court. November Term, 1879. Pounds et al. filed their bill in Wilkes superior court against Harris et al., setting out the following .facts : That some time prior to the 31st of December, 1838, John Nisbet and Aaron T. Kendrick deeded to Fuller and others, trustees of Fountain Methodist Episcopal Campground, at Fountain, Warren county, 200 acres of laud for the use of the Methodist Episcopal church of Warren…
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Equity. Injunction. Trusts. Before Judge Pottlu. Wilkes Superior Court. November Term, 1879. Pounds et al. filed their bill in Wilkes superior court against Harris et al., setting out the following .facts : That some time prior to the 31st of December, 1838, John Nisbet and Aaron T. Kendrick deeded to Fuller and others, trustees of Fountain Methodist Episcopal Campground, at Fountain, Warren county, 200 acres of laud for the use of the Methodist Episcopal church of Warren county; that the deed has been lost, according to the information and belief of complainants, and that they also believe…
1Opinion of the Court
Jackson, Justice.
It is quite clear that equity has jurisdiction over charities- and religious trusts and uses in a particular and special-manner under our Code. §§3155, 3157, 3158. Indeed it has such jurisdiction over trusts generally, Code, §3193, but especially over such trusts and uses as those set up in this-bill. Therefore we cannot say that the chancellor should-have dismissed the bill. Perhaps he was right to retain it until the question of the legal title to the trusteeship of this camp-ground could be tried and settled at law.
But .the question here is not whether the bill should…
2Cases cited1 opinion
- Hussey v. GallagherSupreme Court of Georgia · 1878
3Cited by6 opinions
- Morris v. PetersSupreme Court of Georgia · 1948
- Hornady v. GoodmanSupreme Court of Georgia · 1928
- McCarthy v. McKinneySupreme Court of Georgia · 1911
- Benson v. HinesSupreme Court of Georgia · 1928
- Gardner v. DonadlsonSupreme Court of Georgia · 1888
1 more not listed; retrieve them via the Exa API.