Martin v. Greer
Coweta County Superior Court, Ga.
Bill for Belief, ópc. in Coweta Superior Court, and Rule Nisi for new trial. 1. An express trust in regard to personal property may be proved by parole evidence, 2. Property wrongfully purchased with the trust fund, may at the option of the cestui que trust, be pursued in the hands of the trustee, or those in privity with him, and held subject to the terms of the original trust, 3. An express trust against which the statute of limitations does not run, may be created by…
Read the full summary
Bill for Belief, ópc. in Coweta Superior Court, and Rule Nisi for new trial. 1. An express trust in regard to personal property may be proved by parole evidence, 2. Property wrongfully purchased with the trust fund, may at the option of the cestui que trust, be pursued in the hands of the trustee, or those in privity with him, and held subject to the terms of the original trust, 3. An express trust against which the statute of limitations does not run, may be created by parole. The possession of the executors of a trustee, is the continuation of the trustee’s possession, and the statute does…
1Opinion of the Court
Upon the trial, most of the material allegations in the bill were sup" ported by testimony: there was some conflict however between the testimony of complainants and defendants, with regard to the identity of the money with which Buckley paid for the land which he exchanged for Jinny and her children. The Jury found a verdict in favour of complainants, for the sum of seven thousand dollars, to be discharged by the delivery of the negroes, and also for the sum of #2557, as hire.
The defendant’s counsel moved for a new trial, on the following grounds;
*1121st. Because the complainants on the trial of…
2Cited by8 opinions
- Tabb's Curator v. CabellSupreme Court of Virginia · 1867
- Pettyjohn's Ex'or v. Woodroof's Ex'orSupreme Court of Virginia · 1883
- Brown v. Lambert's adm'rSupreme Court of Virginia · 1880
- Brown v. Lambert's Adm'rSupreme Court of Virginia · 1880
- Brown v. Lambert's Adm'rSupreme Court of Virginia · 1880
3 more not listed; retrieve them via the Exa API.