Robson v. Harwell
Supreme Court of Georgia
In Equity, in Morgan Superior Court. Tried before Judge Merriwether, March Term, 1849. Littleton T. P. Harwell and his wife, Martha Harwell, formerly Martha Robinson, filed their bill in Morgan Superior Court against Peter Walton, administrator of Isaac R. Walton, deceased, charging— That Martha S. Harwell was born in 1804, and at the'age of four days was adopted by Isaac R. Walton, deceased, as his child; that about the year 1818, the said Isaac R. being desirous to settle…
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In Equity, in Morgan Superior Court. Tried before Judge Merriwether, March Term, 1849. Littleton T. P. Harwell and his wife, Martha Harwell, formerly Martha Robinson, filed their bill in Morgan Superior Court against Peter Walton, administrator of Isaac R. Walton, deceased, charging— That Martha S. Harwell was born in 1804, and at the'age of four days was adopted by Isaac R. Walton, deceased, as his child; that about the year 1818, the said Isaac R. being desirous to settle a plantation, was so well pleased with a lot of land belonging to complainant’s father, Littleberry Robinson, known as…
1Opinion of the Court
The Court not being unanimous, the Judges delivered their opinions seriatim.
Nisbet, J.
delivering the opinion of the Court.
*596I am unwilling to affirm the judgment of the Court below, so far as the real estate is concerned, and affirm it as to the personal property. The Statute of Frauds requires trusts of real estate to be manifested in writing. A deed was, in this case, executed from Robinson to Walton to the land in question. There was no declaration of a trust in writing as to the realty. So far as the land is concerned, as a general proposition, it is not questioned but that written evidence…
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