Manning v. Manning
Supreme Court of Georgia
Equitable petition. Before TT. L. Patterson, judge pro liae vice. Milton superior court. August 16, 1909. Cora A. Manning and Mary I. Crisler filed their petition against William N. Manning, J. P. Brooke, and W. B. Maxwell, administrator with the will annexed of Mary Manning, wherein it was alleged, that Reuben S. Manning died in the year 1848, leaving a widow, Máry Manning, and seven children, the youngest three of whom are the petitioners and William N. Manning; that A. T.…
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Equitable petition. Before TT. L. Patterson, judge pro liae vice. Milton superior court. August 16, 1909. Cora A. Manning and Mary I. Crisler filed their petition against William N. Manning, J. P. Brooke, and W. B. Maxwell, administrator with the will annexed of Mary Manning, wherein it was alleged, that Reuben S. Manning died in the year 1848, leaving a widow, Máry Manning, and seven children, the youngest three of whom are the petitioners and William N. Manning; that A. T. Camp qualified as guardian of petitioners and William N. Manning, and as such guardian received from the estate of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts).
1. The prayers of the petition are, to declare a resulting trust against the holder of the legal title, for partition, and for accounting and other relief. A trust is implied whenever the legal title is in one person, but the beneficial interest, either from the payment of the purchase-money or other circumstances, is either wholly or partially in another. Civil Code, § 3159. The allegations are that the land was purchased with money belonging to the two plaintiffs and the defendant William N. Manning, during their minority, but that the deed was made to…
2Cases cited2 opinions
- Austin v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1905
- Maddox v. OxfordSupreme Court of Georgia · 1883
3Cited by15 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Carter v. Marble Products Inc.Supreme Court of Georgia · 1934
- Davis v. AkridgeSupreme Court of Georgia · 1945
- Cooley v. All the WorldSupreme Court of Georgia · 1981
- Dix v. WilkinsonSupreme Court of Georgia · 1919
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