Miller v. Butler
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Ereeman. Troup superior court. July 1, 1904 Willis Miller, for the benefit of himself and also for the benefit of his daugbter-in-law and grandchildren, conveyed certain land to bis son H. W. Miller, trustee. There was no power to sell conferred upon the trustee. The land described in the trust deed was claimed by Butler under sheriff’s deed.
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Exceptions to auditor’s report. Before Judge Ereeman. Troup superior court. July 1, 1904 Willis Miller, for the benefit of himself and also for the benefit of his daugbter-in-law and grandchildren, conveyed certain land to bis son H. W. Miller, trustee. There was no power to sell conferred upon the trustee. The land described in the trust deed was claimed by Butler under sheriff’s deed. He was also prosecuting a suit against Willis Miller on a debt antedating the trust deed, with a view of enforcing the judgment entered thereon. Thereupon Willis Miller and H. W. Miller, trustee, filed a bill…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) Where the title to property is put in one person for the benefit of others, the latter take cum onere. The skill, ability, and solvency of tbe trustee operate to their advantage. But as to acts within the scope of his express or implied powers, they must suffer the consequences when they ultimately prove detrimental to the beneficiaries. The remedy in such a case is not to undo what has lawfully been done, but to proceed against the trustee (Clark v. Flannery, 99 Ga. 239), whose personal and financial fitness were passed upon by *760the grantor when giving the…
2Cases cited15 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Bourquin v. BourquinSupreme Court of Georgia · 1904
- Everett v. TaborSupreme Court of Georgia · 1903
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Gunn v. JamesSupreme Court of Georgia · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Robertson v. PanlosSupreme Court of Georgia · 1951
- Whitfield v. WhitfieldSupreme Court of Georgia · 1948
- Turner v. Trust Company of GeorgiaSupreme Court of Georgia · 1958
- Friedman v. BrannerWashington Supreme Court · 1913
- Moore v. WellsSupreme Court of Georgia · 1956
8 more not listed; retrieve them via the Exa API.