Rives v. Lawrence
Supreme Court of Georgia
Statute of Frauds. Resulting Trusts. Before Judge Andrews. Hancock Superior Court. April Term, 1870. This was a bill by Mrs. Lawrence praying that Rives should be declared her trustee for certain land which he claimed adversely to her, because of certain facts averred by her, and which are fully reported in the opinion.
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Statute of Frauds. Resulting Trusts. Before Judge Andrews. Hancock Superior Court. April Term, 1870. This was a bill by Mrs. Lawrence praying that Rives should be declared her trustee for certain land which he claimed adversely to her, because of certain facts averred by her, and which are fully reported in the opinion. She and two other witnesses testified to the facts as charged, and another witness testified that at and just after the sale, he proposed to buy the property from Rives, and he said he could not sell it because he had bought it for Mrs. Lawrence. Here the complainant’s counsel…
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion.
The jury having found for the complainant in the Court below, who is defendant in error in this Court, we are to accept the charges made in her bill and the evidence on her side as the true statement of the case, which is substantially as follows: The complainant was a widow, and on the sale day in December, 1868, in the town of .Eatonton, a tract of land held by her husband at the time of his death, under a parol gift from his father, was’ exposed to sale by the administrator of David L. Lawrence, the father of complainant’s said husband. Mrs.…
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