Jones v. Jones
Supreme Court of Georgia
Equitable petition. Before Judge Walker. Taliaferro superior court. June 9, 1911. Wesley P. Jones instituted an action against Edward P. Jones, alleging, that plaintiff and defendant as tenants in common owned described land which had been conveyed to them by John E. Holden, and certain farm tools and other personal property which they had purchased and used on the farm; and that the defendant had been in exclusive possession of the property, and refused to recognize the…
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Equitable petition. Before Judge Walker. Taliaferro superior court. June 9, 1911. Wesley P. Jones instituted an action against Edward P. Jones, alleging, that plaintiff and defendant as tenants in common owned described land which had been conveyed to them by John E. Holden, and certain farm tools and other personal property which they had purchased and used on the farm; and that the defendant had been in exclusive possession of the property, and refused to recognize the plaintiff as a part owner in the property, or account to him for certain rents derived from the same. There were prayers…
1Opinion of the CourtAtkinson, J.
1. The facts of this case in substance are similar to those involved in the case of Wilder v. Wilder, 138 Ga. 573 (75 S. E. 654). In that case the property involved was bought with money belonging to the defendant, her sister, and her son, under a parol agreement that the title should be made to the son, and that the property should be held for the defendant, subject to the right of the sister and son to live in the house as long as the defendant occupied it as a home; and it was held that the effort was to create an express trust by parol, which, under our statute, can not be done. That…
2Cases cited2 opinions
- Wilder v. WilderSupreme Court of Georgia · 1912
- Holmes v. HolmesSupreme Court of Georgia · 1899
3Cited by9 opinions
- Jones v. JonesSupreme Court of Georgia · 1943
- Hemphill v. HemphillSupreme Court of Georgia · 1933
- Shaprio v. SteinbergSupreme Court of Georgia · 1932
- Ayers v. YoungSupreme Court of Georgia · 1954
- Clinard v. ClinardSupreme Court of Georgia · 1929
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