Everette v. Mahaffey

Hawkins, Justice.

1. In an equity case such as this, in which the plaintiff seeks to impress upon described property an implied resulting trust because of the alleged payment by the plaintiff of the purchase price of the property and the placing of the title thereto in one of the defendants, and to enjoin the cutting of timber thereon by the defendants, the presiding judge may in his discretion submit special issues of fact to the jury, under the Code, § 37-1104, without the request of either party. Hardin v. Foster, 102 Ga. 180 (29 S. E. 174); McWhorter v. Ford, 142 Ga. 554 (5) (83 S. E. 134).