Saulsbury, Respess & Co. v. Iverson
Supreme Court of Georgia
Trusts. Sales. Mortgages. Bes Adjudicata. Practice in Supreme Court. Life Estate. Lieus. Before Judge Simmons. Bibb Superior Court. April Term, 1884. Juliet A. Iverson and James S. Iverson filed their bill in April, 1880, against Saulsbury, Respess & Company, to enjoin the enforcement of a mortga ge fi. fa. and to set aside the mortgage.
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Trusts. Sales. Mortgages. Bes Adjudicata. Practice in Supreme Court. Life Estate. Lieus. Before Judge Simmons. Bibb Superior Court. April Term, 1884. Juliet A. Iverson and James S. Iverson filed their bill in April, 1880, against Saulsbury, Respess & Company, to enjoin the enforcement of a mortga ge fi. fa. and to set aside the mortgage. The principal grounds on which the bill was based were, that the trustee of an estate, of which the complainants were cestuis que trust, obtained an order at chambers allowing him to mortgage the trust property; and that, though he alleged that the debt was…
1Opinion of the Court
Blandford, Justice.
When this case was here, as reported in 68 Ga., 790, a majority of this court held, “ While a chancellor at chambers, on full notice to all parties, may order a sale of trust property, he has no power to grant authority to a trustee to mortgage a trust estate, and a mortgage so given will not, bind the cestuis que- trust."* When this case was returned to the count below, the plaintiffs in error, who were the defendants to the bill, filed a cross-bill, in which they alleged that Mrs. Juliet Iverson, who was one of the cestuis que trust, was the life tenant in the property…
2Cases cited2 opinions
- Weems v. CokerSupreme Court of Georgia · 1883
- Iverson v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1882
3Cited by9 opinions
- Mobley v. Murray CountySupreme Court of Georgia · 1934
- Georgia Railway & Power Co. v. Town of DecaturSupreme Court of Georgia · 1922
- Ingram v. Trustees of Mercer UniversitySupreme Court of Georgia · 1897
- Northwestern Mutual Life Insurance Co. v. SuttlesSupreme Court of Georgia · 1946
- Atlantic & Birmingham Railway Co. v. Mayor of CordeleSupreme Court of Georgia · 1907
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