Hadaway v. Hadaway

Bell, Justice.

The first count of the petition stated a cause of action based on the theory of an implied trust, whether or not upon other theory. Code, § 108-106; Brown v. Doane, 86 Ga. 32 (12 S. E. 179, 11 L. R. A. 381); Jenkins v. Lane, 154 Ga. 454 (115 S. E. 126). From the allegations it does not appear that the •cause of action was barred by limitation. An action to impose or • enforce an implied or constructive trust as to land must generally ■be brought within seven years from the time the cause of action :accrues; but where the alleged trustee recognizes the trust and treats it as…