Colesbury v. Dart
Supreme Court of Georgia
Equity. Trusts. Powers. Mortgage. Notice. Evidence. Before Judge Pate. Glynn Superior Court. May Term, 1878. Eliza E. Dart and eight children, all of age, filed their bill against Clarinda H. Colesbury and Urbanus Dart, Sr., trustee, to enjoin the foreclosure of a certain mortgage executed by the trustee to his co-defendant, and to decree its cancellation. Mrs. Colesbury demurred to the bill, but tbe demurrer was overruled. This judgment was affirmed by the supreme court.
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Equity. Trusts. Powers. Mortgage. Notice. Evidence. Before Judge Pate. Glynn Superior Court. May Term, 1878. Eliza E. Dart and eight children, all of age, filed their bill against Clarinda H. Colesbury and Urbanus Dart, Sr., trustee, to enjoin the foreclosure of a certain mortgage executed by the trustee to his co-defendant, and to decree its cancellation. Mrs. Colesbury demurred to the bill, but tbe demurrer was overruled. This judgment was affirmed by the supreme court. See 59 Ga., 839. The defendant Dart, answered, admitting every material allegation. Mrs. Colesbury answered, denying such…
1Opinion of the Court
Bleckley, Justice.
1. We are in equity, th% fomm chosen by the beneficiaries of the trust. They unite in praying for a common relief. They seek to shake off the mortgage debt from the trust property. They make no tender, but stand on the supposed legal incapacity of the trustee to incumber the trust estate by mortgage, especially as the money borrowed went to the use, not of that estate generally, but of three of the nine beneficiaries. We need not rule that the power to sell and convey, contained in the deed of 1850, included, by implication, a power to mortgage. There is broader and better…
2Cited by2 opinions
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- Waterman v. BaldwinSupreme Court of Iowa · 1885