Mitchell v. Turner
Supreme Court of Georgia
Ejectment. Before Judge Felton. Bibb superior court. June 12, 1902. Under the deed Johnston took no interest, but was trustee for his wife and children: Civil Code, §3148; 69 Ga. 302; 70 Ga. 158; 95 Ga. 778. It was an executory trust: Civil Code, § 3156; 67 Ga. 264; 68 Ga. 718;.70 Ga. 806; 75 Ga. 436; 84 Ga. 392; 91 Ga. 305; 92 Ga. 772; 93 Ga. 334. The judge had power to order the sale: Civil Code, §§3172,4863; 106 Ga. 614, 632; 65 Ga. 724; 71 Ga. 654, 665. cited Civil Code,…
Read the full summary
Ejectment. Before Judge Felton. Bibb superior court. June 12, 1902. Under the deed Johnston took no interest, but was trustee for his wife and children: Civil Code, §3148; 69 Ga. 302; 70 Ga. 158; 95 Ga. 778. It was an executory trust: Civil Code, § 3156; 67 Ga. 264; 68 Ga. 718;.70 Ga. 806; 75 Ga. 436; 84 Ga. 392; 91 Ga. 305; 92 Ga. 772; 93 Ga. 334. The judge had power to order the sale: Civil Code, §§3172,4863; 106 Ga. 614, 632; 65 Ga. 724; 71 Ga. 654, 665. cited Civil Code, §§3082,3100,3103,3104,3191; 67 Ga. 264; 75 Ga. 95 Id; 436; 81 Ga. 361; 86 Ga. 185; 93 Ga. 334; 99 Ga. 444; 106 Ga. 775;…
1Opinion of the CourtCobb, J.
This case turns mainly upon the proper construction to be placed upon a deed, the material portions of which are as follows: “ This indenture made on the 9th day of February, A. D. 1875, between Methvin S. Thomson, of the county of Bibb, of the one part, and Isaac Johnston, for the benefit of, and to belong to all of his children that may survive him and his wife, of the county of Bibb, of the other part, witnesseth that the said M. S. Thomson, for and in consideration of the sum of two hundred dollars ($200.00) in hand paid at and before the sealing and delivery of these presents, the…
2Cases cited16 opinions
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Heath v. MillerSupreme Court of Georgia · 1903
- McGowan v. LufburrowSupreme Court of Georgia · 1889
- Sharp v. FindleySupreme Court of Georgia · 1884
- Sinnott v. MooreSupreme Court of Georgia · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smith v. McWhorterSupreme Court of Georgia · 1905
- Ethridge v. PittsSupreme Court of Georgia · 1921
- Morehead v. AllenSupreme Court of Georgia · 1909
- Mize v. HarberSupreme Court of Georgia · 1940
- Atlantic Coast Line Railroad v. SweatSupreme Court of Georgia · 1933
5 more not listed; retrieve them via the Exa API.