Riggins v. Adair & McCarty Bros.
Supreme Court of Georgia
Levy and claim. Before Judge Beck.' Pike superior court. April term,' 1898. Upon a,promissory note signed by Á. D. Riggins as trustee for Mrs. M. S. Riggins and dated in 1894, the payees brought suit against him as such trustee, alleging that the note was given for fertilizers to be used and which were used upon certain land controlled by him as such trustee, and that the trust estate was benefited thereby and was liable for the payment of the debt; and. they prayed for a…
Read the full summary
Levy and claim. Before Judge Beck.' Pike superior court. April term,' 1898. Upon a,promissory note signed by Á. D. Riggins as trustee for Mrs. M. S. Riggins and dated in 1894, the payees brought suit against him as such trustee, alleging that the note was given for fertilizers to be used and which were used upon certain land controlled by him as such trustee, and that the trust estate was benefited thereby and was liable for the payment of the debt; and. they prayed for a special judgment against the land. No defense was filed, and the court rendered judgment in favor of the plaintiffs for…
1Opinion of the CourtSimmons, C. J.
In the present case it is necessary to determine whether there was, at the time the judgment of the plaintiffs below was obtained, an existing executory trust. If so, the-*730^property'ofAhe trust estate-was bound by the judgment against it on the. suit’.by persons who had furnished fertilizers for the ruse of Alie tru-st estate. Section 3202 of the Civil Code recognizes the; liability of a trust estate “for articles .or property or 3 money'furnished for the use of said estate,” and the judgment •• above mentioned was obtained in accordance with that and the following section, the declaration…
2Cases cited7 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Baird v. BrookinSupreme Court of Georgia · 1891
- Carswell v. LovettSupreme Court of Georgia · 1888
- Leroy M. Wiley, Parish & Co. v. SmithSupreme Court of Georgia · 1847
- Cabot v. ArmstrongSupreme Court of Georgia · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Woodbery v. Atlas Realty Co.Supreme Court of Georgia · 1919
- Clark v. BakerSupreme Court of Georgia · 1938
- Burton v. PattonSupreme Court of Georgia · 1926
- Clarke v. East Atlanta Land Co.Supreme Court of Georgia · 1901
- Smith v. McWhorterSupreme Court of Georgia · 1905
10 more not listed; retrieve them via the Exa API.