Bennett v. Bennett

Mobley, Justice.

The plaintiff rests his case solely upon the proposition that the facts alleged in his amended petition make a case for the application of the principle of implied trusts, and the defendant relies upon the proposition that the facts alleged constitute an express trust, which, not being in writing, was invalid and unenforceable.

“Trusts are implied . . . where, from any fraud, one person obtains the title to property which rightly belongs to another.” Code § 108-106 (2). In Jenkins v. Lane, 154 Ga. 454 (115 S. E. 126), it is stated: “A trust is implied where, from any fraud, one…