Morgan v. Marshall
Supreme Court of Georgia
Ejectment. Pleadings. Infancy. Evidence. Administrators and executors. Trusts. New trial. Before Judge Hillvee. DeKalb Superior Court. September Term, 1878. Morgan brought complaint for land against Marshall. The last deed in his chain of title was from Jno. N. Pate to him. S. J. Marshall and two minors named Buse were made defendants on their own motion, and a guardian ad litem appointed for the latter.
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Ejectment. Pleadings. Infancy. Evidence. Administrators and executors. Trusts. New trial. Before Judge Hillvee. DeKalb Superior Court. September Term, 1878. Morgan brought complaint for land against Marshall. The last deed in his chain of title was from Jno. N. Pate to him. S. J. Marshall and two minors named Buse were made defendants on their own motion, and a guardian ad litem appointed for the latter. These three defendants filed an equitable plea alleging that plaintiff, with full knowledge that John N. Pate had invested $780.00 belonging to a trust fund, of which defendants were…
1Opinion of the Court
Jackson, Justice.
If a bill in equity, regularly filed, would have entitled the defendants to relief, then this plea setting up the same facts or grounds for equitable interference will accomplish the same thing at lavs, Code, §§3082, 3562.
The facts setup are in substance, that Pate put the trust money of these defendants into this house and lot to a certain amount; that Morgan knew it when Pate sold him the house and lot to secure a debt he individually owed Morgan, and took the title with the understanding and agreement, on his part, that these cestui que trusts were to be first paid their…
2Cases cited1 opinion
- Street v. LynchSupreme Court of Georgia · 1869
3Cited by1 opinion
- Miller & Co. v. GibbsSupreme Court of Georgia · 1926