Price v. Lathrop & Co.
Supreme Court of Georgia
The jury established the trust as to a part only of the property, and found that some of the debts represented by the defendants were entitled to go against the trust estate, because based upon considerations which went for the use of the beneficiaries, The chancellor framed an elaborate decree unnecessary here to be set forth.
Read the full summary
The jury established the trust as to a part only of the property, and found that some of the debts represented by the defendants were entitled to go against the trust estate, because based upon considerations which went for the use of the beneficiaries, The chancellor framed an elaborate decree unnecessary here to be set forth. The motion for anew trial made by complainants was overruled,.and a bill of exceptions filed to this judgment and certified; service was perfected upon every party to the litigation except the assignee, and not upon him; because his connection with the case was so…
1Opinion of the Court
1. Where a bill is filed by the wife and children against the husband and his creditors seeking to establish a trust in favor of complainants under a marriage settlement, covering property in possession of the husband against which his creditors were proceeding, and the latter answer denying the trust, and by way bf cross-bill against the complainants, the husband and others, alleging that if there were such a trust the property was nevertheless subject, because the consideration of their claims was money, goods, etc., supplied to, and suitable for, the trust estate, and praying a decree to…
2Cases cited1 opinion
- McNulty v. PrudenSupreme Court of Georgia · 1878
3Cited by3 opinions
- Craig v. WebbSupreme Court of Georgia · 1883
- Butler v. KendrickSupreme Court of Georgia · 1931
- Augusta National Bank v. Merchants & Miners BankSupreme Court of Georgia · 1898