Hufbauer v. Jackson
Supreme Court of Georgia
Before Judge Miller. Houston superior court. April term, 1892. Mrs. Hufbauer and Mary E., W. N. and R. B. Goff, ber children, sued Jackson in complaint for land. Defendant pleaded specially former recovery in the same ■case, and a judgment of the superior court of the county, between plaintiffs and defendant, concerning the same ■subject-matter.
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Before Judge Miller. Houston superior court. April term, 1892. Mrs. Hufbauer and Mary E., W. N. and R. B. Goff, ber children, sued Jackson in complaint for land. Defendant pleaded specially former recovery in the same ■case, and a judgment of the superior court of the county, between plaintiffs and defendant, concerning the same ■subject-matter. He attached to his plea, as an exhibit, the petition of Thomas B. Goff as trustee for his wife (now Mrs. Hufbauer) and her children, in the county ■court of the county, against Jackson, setting up an in•debtedness to plaintiff of $250 with interest,…
1Opinion of the Court
Bleckley, Chief Justice.
1. There can be no doubt that, unless expressly authorized by the instrument creating the trust, a trustee has no power, without the voluntary consent of all the beneficiaries, to sell and convey the corpus of the trust property. He must obtain an order of sale from a court of competent jurisdiction, or from the judge of the superior court, upon a proper application. Code, §2327. The deed which constituted Goff trustee for his wife and children was silent as to any sale or power to sell. And there is no suggestion that any order of sale was applied for or granted, and…
2Cases cited1 opinion
- Greer v. BurnamSupreme Court of Georgia · 1882
3Cited by9 opinions
- Peavey v. CrawfordSupreme Court of Georgia · 1936
- Field v. BrantleySupreme Court of Georgia · 1913
- Maloy v. MaloySupreme Court of Georgia · 1910
- Berger v. Saul & Co.Supreme Court of Georgia · 1900
- Lackey v. LackeySupreme Court of Georgia · 1960
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