Maxwell & Co. v. Rice
Court of Appeals of Georgia
Complaint; from city court of Elberton — Judge Grogan. Suit was brought in the city court against C. A. Bice, as trustee for W. E. Bice and the children of W. B. Bice, upon an account for provisions, clothing, plows, guano, etc. The petition was dismissed on demurrer, on the grounds that no cause of action was stated, and that the claim was not enforceable in a court of law.
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Complaint; from city court of Elberton — Judge Grogan. Suit was brought in the city court against C. A. Bice, as trustee for W. E. Bice and the children of W. B. Bice, upon an account for provisions, clothing, plows, guano, etc. The petition was dismissed on demurrer, on the grounds that no cause of action was stated, and that the claim was not enforceable in a court of law. The petition alleges, that C. A. Bice, as trustee for W. B. Bice and the children of W. B. Bice, holds a described tract of land, under a trust deed, a copy of which is annexed to the petition; that by the terms of the…
1Opinion of the CourtRussell, J.
1. The court erred in sustaining the general demurrer and dismissing the petition. By the trust deed attached to the petition two trust estates were created, the one a life-estate in trust for the benefit of W. R. Rice, cestui que trust, and the other an estate in remainder for the benefit of the other eestuis que trustent, the children of W. R. Rice. While the estate in remainder is not liable for the debts sought to be recovered in this action, the life-estate held in trust for the benefit of W. R. Rice may, under the allegations of the petition as amended, be liable to be subjected to the…
2Cases cited12 opinions
- Kupferman v. McGeheeSupreme Court of Georgia · 1879
- Maxwell v. HoppieSupreme Court of Georgia · 1883
- Ragan v. Standard Scale Co.Supreme Court of Georgia · 1905
- Greenfield & Brown v. VasonSupreme Court of Georgia · 1884
- Sanders v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1899
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