Zimmerman v. Tucker
Supreme Court of Georgia
Trust. Judgments. Claim. Before IL X. McCay,. Esq., Judge pro hae vice. Fulton Superior Court. April. Term, 1879. Numerous issues were made upon the trial of .this case-which, in view of the decision rendered, have become entirely irrelevant. The following facts are sufficient to am understanding of the decision : Tucker filed a bill against Elumb, as trustee for ; Mrs-..
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Trust. Judgments. Claim. Before IL X. McCay,. Esq., Judge pro hae vice. Fulton Superior Court. April. Term, 1879. Numerous issues were made upon the trial of .this case-which, in view of the decision rendered, have become entirely irrelevant. The following facts are sufficient to am understanding of the decision : Tucker filed a bill against Elumb, as trustee for ; Mrs-.. Zimmerman and her son George, to subject certain trust property to the payment of a debt held by him against the firm of Zimmerman & Verdery, the senior member of which was the grantor to the trustee, and the husband and…
1Opinion of the Court
Bleckley, Justice.
1.. The claimants derive their title, and their only title, through the very deed of trust which was litigated and decreed upon in the equity cause. In that litigation they were, as we have held in 61 Ga., 599, represented by their trustee. The decree rendered against the trustee declared a lien upon the specific property in controversy for a certain sum of money, and it is the enforcement of that lien by a sale under the decree which is attempted by the creditor (the plaintiff in the decree), and which the claimants, the beneficiaries of the trust, resist by claim. The…
2Cases cited1 opinion
- Tucker v. ZimmermanSupreme Court of Georgia · 1878
3Cited by9 opinions
- Sanders v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1899
- Evans v. Piedmont National Building & Loan Ass'nSupreme Court of Georgia · 1903
- Snelling v. American Freehold Land Mortgage Co. of London Ltd.Supreme Court of Georgia · 1899
- Huling v. HulingSupreme Court of Georgia · 1942
- Rushing v. SikesSupreme Court of Georgia · 1932
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