DeLoach v. Jefferson
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. January 27, 1913. Butler and Gilbert DeLoach brought suit against Martha Jefferson, and alleged substantially the following: On June 26, 1890, W. W. Williamson as trustee conveyed to Alice DeLoach a described parcel of land in Chatham county, containing 4.84 acres. The purchase-money for the land was paid to the trustee by the plaintiffs, their father (Edward DeLoach), “-and said defendant.”
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Equitable petition. Before Judge Charlton. Chatham superior court. January 27, 1913. Butler and Gilbert DeLoach brought suit against Martha Jefferson, and alleged substantially the following: On June 26, 1890, W. W. Williamson as trustee conveyed to Alice DeLoach a described parcel of land in Chatham county, containing 4.84 acres. The purchase-money for the land was paid to the trustee by the plaintiffs, their father (Edward DeLoach), “-and said defendant.” The deed was taken in the name of Alice DeLoach, who was the wife of Edward DeLoach and the mother of the plaintiffs and of Martha…
1Opinion of the CourtHill, J.
1. An express trust can not be engrafted on a deed by parol. Civil Code (1910), § 3733; Wilder v. Wilder, 138 Ga. 573 (2), 576 (75 S. E. 654).
2. Under the evidence in this case no implied trust was created, and the plaintiffs were not entitled to the relief sought. Civil Code (1910), §§ 3732, 3740, 3741.
3. The court did not err in granting a nonsuit.
Judgment affirmed.
All the Justices concur. George W. Owens, for plaintiffs. U. H. McLaws and Travis & Travis, for defendant.
2Cases cited1 opinion
- Wilder v. WilderSupreme Court of Georgia · 1912
3Cited by9 opinions
- Beecher v. CarterSupreme Court of Georgia · 1939
- Pittman v. PittmanSupreme Court of Georgia · 1943
- Jones v. JonesSupreme Court of Georgia · 1943
- Roach v. RoachSupreme Court of Georgia · 1915
- Mays v. PerrySupreme Court of Georgia · 1943
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