Hodges v. Hodges

Grice, Justice.

A petition seeking to establish an implied trust, and for other relief, was dismissed upon general demurrer and that ruling is here for review. The petition was filed in the Superior Court of DeKalb County by Margaret Josie , Hodges against her son, Albert J. Hodges, and his wife, Alice R. Hodges. It charged that the defendants were committing a continuing trespass upon her property, holding title to the property in trust for her, and refusing to convey it to her.

The essential allegations of the mother’s petition are those which follow.

In 1959 she “was about to inherit” two…