Gales v. Stokeley

• Decision Date: 14 July 1921
• Docket Number: 2306.
• Citation: 108 S.E. 34,151 Ga. 718
• Parties: GALES v. STOKELEY ET AL.
• Court: Georgia Supreme Court

108 S.E. 34

151 Ga. 718

GALES v. STOKELEY ET AL.

No. 2306.

Supreme Court of Georgia

July 14, 1921

Syllabus by the Court.

A resulting or implied trust which arises solely from the payment of the purchase price of land is not created, unless the purchase money is paid either before or at the time of the purchase. Trusts implied from the payment of the purchase money or a part thereof must result, if at all, at the time of the execution of the conveyance, where there is, in obtaining such conveyance, no fraud or concealment to the injury of the person paying such purchase money. Hall v. Edwards, 140 Ga. 765, 767, 79 S.E. 852, and authorities cited, and see Houston v. Farley, 146 Ga. 822, 824, 92 S.E. 635.

Accordingly, under the facts alleged, the court did not err in sustaining the general demurrer and in dismissing the petition.

Error from Superior Court, Oglethorpe County; W. L. Hodges, Judge.

Suit by Betsy Gales against E. M. Stokeley and others. Judgment dismissing the petition, and plaintiff brings errors. Affirmed.

Phil W. Davis, Jr., of Lexington, for plaintiff in error.

W. W. Armistead, of Crawford, Hamilton McWhorter, Jr., of Lexington, and Tutt & Brown, of Elberton, for defendants in error.

GILBERT, J.

Judgment affirmed.

All the Justices concur.