Brown v. Tucker
Supreme Court of Georgia
Complaint for land. Equitable count. Trust. Succession. Estoppel. Presence at sale. Secondary evidence. Before Judge Andrews. Oglethorpe Superior Court.
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Complaint for land. Equitable count. Trust. Succession. Estoppel. Presence at sale. Secondary evidence. Before Judge Andrews. Oglethorpe Superior Court. April Adjourned Term, 1872. TÍiomas H. Brown, as administrator upon the estate of John S. Fleeman, deceased, brought complaint against James D. Tucker for a certain tract of land in the county of Oglethorpe, and for the rents and profits of the same from January 1st, 1869, of the yearly value of $75 00. To the declaration an equitable count was attached, containing, substantially, the following allegations, to-wit: That John S. Fleeman,…
1Opinion of the Court
Montgomery, Judge.
In addition to the facts mentioned by tlm Reporter, the following is true: Cynthia O. Tucker died in 1862, leaving no children or representative of children her surviving; the deed from Lane to John S. Fleeman, as trustee, conveyed to John S. Fleeman alone, no mention being made in it of his representatives ; and at the time the judgment was obtained against the administrators of Fleeman by Lane, there was no longer any necessity for a continuance of the trust, except in so far as outstanding debts due by the trust estate may have constituted it a subsisting trust for their…
2Cited by13 opinions
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Stonecipher v. KearSupreme Court of Georgia · 1908
- Blandford & Thornton v. McGeheeSupreme Court of Georgia · 1880
- Anderson v. ManningSupreme Court of Georgia · 1965
- Williamson v. Floyd County Wildlife Association, Inc.Supreme Court of Georgia · 1961
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