Vernoy v. Robinson
Supreme Court of Georgia
Complaint for land. Before Judge Pendleton. Fulton superior court. December 10, 1908. Frances A. Bobinson brought suit against W. A. Vernoy and his tenant to recover certain described premises located in the city of Atlanta.
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Complaint for land. Before Judge Pendleton. Fulton superior court. December 10, 1908. Frances A. Bobinson brought suit against W. A. Vernoy and his tenant to recover certain described premises located in the city of Atlanta. According to the petition, and an amendment which was allowed, the plaintiff claimed title by virtue of a certain trust deed executed in September, 1858, by George Eobinson to Meyron M. Smalley, which conveyed several tracts of land, among which was included the land sued for. The trust deed referred to recited as a consideration, “the natural love and affection which he,…
1Opinion of the CourtHolden, J.
(After stating the facts.)
1. One of the contentions of the defendant in error was that the trust created by the deed was a personal trust; and that while the wife had a right to require Smalley to sell the property, Smalley had a discretion in fixing the price of the property and other terms of sale. The plaintiff in error contends that the trust was one in which the trustee, Smalley, had no discretion. We do not think that the trust in this case was one in which the trustee had any discretion, but the only power given him in reference to any sale was to execute any conveyance of the property…
2Cases cited12 opinions
- Fleming v. HughesSupreme Court of Georgia · 1896
- Luquire v. LeeSupreme Court of Georgia · 1905
- Heath v. MillerSupreme Court of Georgia · 1903
- Smith v. McWhorterSupreme Court of Georgia · 1905
- Freeman v. PrendergastSupreme Court of Georgia · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clark v. BakerSupreme Court of Georgia · 1938
- Gilmore v. GilmoreSupreme Court of Georgia · 1947
- DeVaughn v. HaysSupreme Court of Georgia · 1913
- Smith v. FrostSupreme Court of Georgia · 1915
- Cunningham v. CalhounSupreme Court of Georgia · 1911
1 more not listed; retrieve them via the Exa API.