Cameron v. Phillips
Supreme Court of Georgia
Deeds. Title. Ejectment. Trusts. Before Judge Hill-yer. Fulton Superior Court. October Term, 1877. Cameron, as trustee for Cox & Hill, brought complaint for land against Phillips, relying on the following deed as abstract of title: “Georgia — Fulton County: This indenture made and entered into this 3d day of June, 1874; Witnesseth, that William E. Phillips is indebted to Cox & Hill, a mercantile firm doing business in the city of Atlanta, county of Fulton, in the sum of…
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Deeds. Title. Ejectment. Trusts. Before Judge Hill-yer. Fulton Superior Court. October Term, 1877. Cameron, as trustee for Cox & Hill, brought complaint for land against Phillips, relying on the following deed as abstract of title: “Georgia — Fulton County: This indenture made and entered into this 3d day of June, 1874; Witnesseth, that William E. Phillips is indebted to Cox & Hill, a mercantile firm doing business in the city of Atlanta, county of Fulton, in the sum of $4,000, by a note due the first day of November next, bearing even date with the present, and due and payable the first day…
1Opinion of the Court
Jackson, Judge.
This was an action of ejectment founded upon an instrument made by Phillips to Cameron, as trustee, and when the case was tried, the court ruled out the paper because it did not, in its judgment, pass such a title as would empower the trustee to recover the possession of the land in ejectment.
*436To this ruling Cameron excepted, and the question is, did he have the right to recover the possession of the land by virtue of the paper- offered in evidence.
It appears from the record, that to secure the payment of á debt due to Cox & Hill, Phillips executed the instrument to Cameron as…
2Cases cited1 opinion
- Biggers v. BirdSupreme Court of Georgia · 1876
3Cited by7 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- Georgia Baptist Orphans Home Inc. v. MoonSupreme Court of Georgia · 1941
- Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
- Lathrop & Co. v. BbownSupreme Court of Georgia · 1880
- Holliday v. Lowry Banking Co.Supreme Court of Georgia · 1893
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