Williams v. Porter

Wyatt, Justice.

Counsel for all the parties treat the trust sought to be alleged as a resulting trust and not a constructive trust. It will be so dealt with here.

The main insistence of counsel for the plaintiff in error is that the petition failed to state a cause of action because it failed to allege that the “purchase-money was paid either before or at the time of the purchase.” In support of this contention counsel cite Hall v. Edwards, 140 Ga. 765 (79 S. E. 852), Houston v. Farley, 146 Ga. 822, 824 (92 S. E. 635), and Gales v. Stokeley, 151 Ga. 718 (108 S. E. 34).

The point raised has been…