McCaskill v. Lathrop & Co.
Supreme Court of Georgia
Equity. Trusts. Debtor and creditor. Usury. Settlement. Evidence. Before Judge Crisp. Macon Superior Court. December Term, 1878. In 1839, Nixon bequeathed to his daughter Eliza and her children, to their separate use, etc., certain property. Eliza married McCaskill, by whom she had three children now living. To carry out the provisions of the will, McCaskill and wife petitioned the superior court of Bibb county to appoint John L. Parker as trustee.
Read the full summary
Equity. Trusts. Debtor and creditor. Usury. Settlement. Evidence. Before Judge Crisp. Macon Superior Court. December Term, 1878. In 1839, Nixon bequeathed to his daughter Eliza and her children, to their separate use, etc., certain property. Eliza married McCaskill, by whom she had three children now living. To carry out the provisions of the will, McCaskill and wife petitioned the superior court of Bibb county to appoint John L. Parker as trustee. It was so ordered, Parker accepted the trust, and remained such trustee until his death. The title to the trust property, under the circumstances…
1Opinion of the Court
Bleckley, Justice.
1. Parker, as trustee for the complainants, purchased the premises from Powers, in the year 1856, paid a part of the purchase money, gave his notes, as trustee, for the balance, and took from Powers a bond for titles. The notes were afterwards paid out of the trust fund. The complainants as a family, including McCaskill, the husband and father, went into possession, and so remained. The bond for titles was turned over by the trustee to McCaskill, and in February, 1864, he surrendered it to Powers, the latter then conveying to McCaskill the premises by absolute deed in fee…
2Cited by5 opinions
- First National Bank v. CodySupreme Court of Georgia · 1894
- New South Building & Loan Ass'n v. GannSupreme Court of Georgia · 1897
- Rollins v. DavisSupreme Court of Georgia · 1895
- Carter v. GriffinSupreme Court of Georgia · 1901
- Bullard v. JonesSupreme Court of Georgia · 1882