Watson v. Equitable Mortgage Co.
Supreme Court of Georgia
'Equitable petition. Before Judge Reagan. Monroe superior court. November 18, 1907. On January 18, 1876, Peter McMickle executed a deed by which he conveyed certain described property. As the deed was recorded and as it was set out in exhibits in the various proceedings referred to below, it named McMickle as party of the first part and Rufus II. Watson Jr., as party of the second part, and conveyed the land described “unto the said Rufus II.
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'Equitable petition. Before Judge Reagan. Monroe superior court. November 18, 1907. On January 18, 1876, Peter McMickle executed a deed by which he conveyed certain described property. As the deed was recorded and as it was set out in exhibits in the various proceedings referred to below, it named McMickle as party of the first part and Rufus II. Watson Jr., as party of the second part, and conveyed the land described “unto the said Rufus II. Watson Jr., for1 the use, benefit, and advantage in trust for the said Mary M. Watson for life (exempt from marital rights of R. H. Watson or any future…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
This litigation in various forms, has been in court for many years. Under the law, we think it should come to an end. Whether the application of Watson, as trustee, for leave to mortgage the property was duly served or properly passed upon at chambers, and whether the estate of the children of Mrs. Watson was subject to be encumbered by the trustee for a loan, or an indebtedness incurred by him, or whether the reverse is true, are merely academic questions in the present state of the case. R. H. Watson Jr., as trustee, applied for and obtained leave to make…
2Cases cited1 opinion
- Swatts v. SpenceSupreme Court of Georgia · 1882
3Cited by1 opinion
- Smith v. WestSupreme Court of Georgia · 1910