Winslow v. O'Pry
Supreme Court of Georgia
Pleadings. Trusts. Judgments. Executions. Before Judge Hill. Houston Superior Court. May Term, 1875. O’Pry, for the use of Jones, brought complaint against •“W. C. Winslow, trustee, and Eliza N. Winslow, his cestui ■que trust,” on a note dated February 1st, 1871, due one day ¡after date, for $140 00, and signed “ W. C. Winslow, trustee ■for his wife.”
Read the full summary
Pleadings. Trusts. Judgments. Executions. Before Judge Hill. Houston Superior Court. May Term, 1875. O’Pry, for the use of Jones, brought complaint against •“W. C. Winslow, trustee, and Eliza N. Winslow, his cestui ■que trust,” on a note dated February 1st, 1871, due one day ¡after date, for $140 00, and signed “ W. C. Winslow, trustee ■for his wife.” The declaration was in the statutory form, with this additional allegation: “Your petitioner further showeth that said note was given for cotton seed furnished for the use ■ of said trust estate.” What constituted the trust estate was not…
1Opinion of the Court
Bleckley, Judge.
The view which we take of this case is fully developed in the head-notes. The declaration, considered as an action aimed against the trust property, was fatally defective in not specifying any such property. It did not even allege directly that there was any trust estate. Whether a judgment upon it might have been rendered against the trustee, personally, we need not consider, as no such judgment was rendered. That which was rendered should have been set aside as unwarranted by the law applicable to the pleadings.
Judgment reversed.
2Cited by6 opinions
- Hayden v. JohnsonSupreme Court of Georgia · 1877
- Vason & Davis v. GardnerSupreme Court of Georgia · 1883
- Moore, Jenkins & Co. v. LampkinSupreme Court of Georgia · 1879
- Smith v. JarrettCourt of Appeals of Georgia · 1948
- Crusselle v. ChastainSupreme Court of Georgia · 1886
1 more not listed; retrieve them via the Exa API.