Johnson v. Georgia Loan & Trust Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the North"ern District of Georgia. The following is conceded to be a substantially correct statement of the case: Elizabeth Johnson, a citizen and resident of the state of New York, brought her bill in equity against the Georgia Loan & Trust Company, a Georgia corporation, with its principal domicile in Bibb county, Ga., and against B. C. Armistead and the other appellees, who are citizens and residents of the Northern…
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Appeal from the Circuit Court of the United States for the North"ern District of Georgia. The following is conceded to be a substantially correct statement of the case: Elizabeth Johnson, a citizen and resident of the state of New York, brought her bill in equity against the Georgia Loan & Trust Company, a Georgia corporation, with its principal domicile in Bibb county, Ga., and against B. C. Armistead and the other appellees, who are citizens and residents of the Northern district of Georgia. The purpose of the bill was: (1) To establish a constructive or implied trust as against the…
1Opinion of the CourtPardee, Circuit Judge
There is evidence in the record, pointed out in the briefs of appellant, tending very strongly to show that Armistead had actual notice of the conveyance under which appellant claims, and a very strong argument is presented to show that he was charged with constructive notice; but on both propositions the master and the Circuit Court found in Armistead’s favor. If the fact that Armistead was a purchaser without actual or constructive notice gave him title to the lands in controversy as against the prior conveyance to the Georgia Loan & Trust Company, we should, under the evidence and the…
2Cases cited22 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Wormley v. WormleySupreme Court of the United States · 1823
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Vattier v. HindeSupreme Court of the United States · 1833
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3Cited by4 opinions
- Tobey v. KilbourneCourt of Appeals for the Ninth Circuit · 1915
- Pond v. GoldsteinCourt of Appeals for the Ninth Circuit · 1930
- Cooper v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Cities Service Oil Co. v. DunlapCourt of Appeals for the Fifth Circuit · 1939