Pickens v. Jackson
Supreme Court of Georgia
Equitable petition. Before Judge George L. Bell. Eulton superior court. November 1, 1920. A. P. MeCravey died intestate, owning a farm containing 179y2 acres, called Turner’s peach orchard farm, in Cobb County. The farm was encumbered by a deed to Marietta Trust & Banking Company, securing a debt on which there was a balance due of seven thousand dollars.
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Equitable petition. Before Judge George L. Bell. Eulton superior court. November 1, 1920. A. P. MeCravey died intestate, owning a farm containing 179y2 acres, called Turner’s peach orchard farm, in Cobb County. The farm was encumbered by a deed to Marietta Trust & Banking Company, securing a debt on which there was a balance due of seven thousand dollars. Jane MeCravey, widow and sole heir at law of the deceased, was appointed administratrix upon the estate, February 2, 1912. Shortly thereafter the administratrix procured from the ordinary of Cobb County an order to sell the farm for the…
1Opinion of the CourtAtkinson, J.
1. The allegations of the petition show that the action is a suit by a principal against his agent, to enforce an implied or resulting trust, for an accounting, and for injunction, and are sufficient to allege a cause-of action.
*1012. In a suit for an accounting as mentioned in tlie preceding note, tlie statute of limitations does not begin to run until tlie agent has rendered an account accompanied by an offer to settle, or there has been by the principal a demand for settlement and a refusal by the agent to pay, or there has been an express repudiation of the agency, or until there has been such…
2Cases cited4 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- Williams v. LancasterSupreme Court of Georgia · 1901
- Garner v. LankfordSupreme Court of Georgia · 1917
- Ramsey v. StreetSupreme Court of Georgia · 1920
3Cited by5 opinions
- Hadaway v. HadawaySupreme Court of Georgia · 1941
- Hodges v. HodgesSupreme Court of Georgia · 1957
- Whitworth v. OliverCourt of Appeals of Georgia · 1932
- Council v. StathamSupreme Court of Georgia · 1938
- Pickens v. JacksonSupreme Court of Georgia · 1925