Jackson v. Jackson
Supreme Court of Georgia
Ejectment. Before Judge Park. Jones superior court. October 22, 1919. Amelia Jackson brought ejectment against George Jackson, for the recovery of a certain tract of land in Jones county. The defendant filed a plea of the general issue. On the trial of the case a deed from Ben L. Jones to the plaintiff, conveying the tract of land in dispute, was introduced in evidence.
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Ejectment. Before Judge Park. Jones superior court. October 22, 1919. Amelia Jackson brought ejectment against George Jackson, for the recovery of a certain tract of land in Jones county. The defendant filed a plea of the general issue. On the trial of the case a deed from Ben L. Jones to the plaintiff, conveying the tract of land in dispute, was introduced in evidence. The deed, executed on April 10, and recorded April 13, 1899, recited a consideration of $175. The defendant tendered two amendments to his plea. In substance he alleged that the defendant and plaintiff were husband and wife…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The doctrine of a resulting trust in favor of a third person paying the purchase-money of an estate is declared in Anon. (1683), 2 Vent. 361 (entitled Bird v. Blosse, 1 Vern. 366), as follows: “Where a man buys land in another’s name 'and pays money, it will be in trust for him that pays the money, though no deed declaring the trust, for the Statute of 29 Car. 2, called the Statute of Frauds, doth not extend to trusts raised by operation of law.” In Dyer v. Dyer, 2 Cox, 92, 93, 1 White and Tudor’s Lead. Cas. Eq. 203, Lord Chief Baron Eyre thus explained…
2Cases cited85 opinions
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Miller v. CottenSupreme Court of Georgia · 1848
- Currence v. WardWest Virginia Supreme Court · 1897
- McCoy v. McCoySupreme Court of Oklahoma · 1911
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3Cited by44 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Guffin v. KellySupreme Court of Georgia · 1941
- Williams v. ThomasSupreme Court of Georgia · 1946
- Jones v. JonesSupreme Court of Georgia · 1943
- Adderholt v. AdderholtSupreme Court of Georgia · 1978
39 more not listed; retrieve them via the Exa API.