Talley v. Mozley

• Decision Date: 17 November 1919
• Docket Number: 1332,1333.
• Citation: 101 S.E. 120,149 Ga. 529
• Parties: TALLEY v. MOZLEY ET AL. MOZLEY ET AL. v. TALLEY.
• Court: Georgia Supreme Court

101 S.E. 120

149 Ga. 529

TALLEY v. MOZLEY ET AL.

MOZLEY ET AL. v. TALLEY.

Nos. 1332, 1333.

Supreme Court of Georgia

November 17, 1919

Syllabus by the Court.

"Where the written title to land is in the husband, although he may have paid for it with his wife's money, so that he holds it in trust for her, yet if no trust appear on the face of the title, purchasers for value from him or from his vendee are protected against her equity, unless they had notice of it, actual or constructive, when they acquired their interest and parted with their money." Lewis et al. v. Equitable Mortgage Co., 94 Ga. 572, 573, 21 S.E. 224 (3). See, also, Carrie v. Carnes, 145 Ga. 184, 188, 88 S.E. 949 (7).

(a) The land sued for passed by successive conveyances from the husband of the plaintiff to Bennett, and from Bennett to Murray, and from Murray to Mozley. Regardless of the slight evidence tending to show notice on the part of Bennett of some indefinite interest of the plaintiff in the land, there was no evidence whatever showing notice on the part of Murray or Mozley.

The verdict was demanded by the evidence, and, regardless of the rulings of the court complained of by the plaintiff, the court did not err in directing a verdict for the defendants. The newly discovered evidence is not of such character as to require the grant of a new trial.

The judgment being affirmed on the main bill of exceptions, the cross-bill is dismissed.

Error from Superior Court, Cobb County; N. A. Morris, Judge.

Action by Almira Talley against J. E. Mozley and others. Directed verdict for defendants, and plaintiff brings error, and defendants take a cross-bill of exceptions. Affirmed on main bill of exceptions, and cross-bill dismissed.

Fred Morris, of Marietta, and James & Bedgood, of Atlanta, for plaintiff in error.

H. B. Moss, of Marietta, for defendants in error.

HILL, J.

Judgment affirmed on the main bill of exceptions. Cross-bill of exceptions dismissed.

All the Justices concur, except ATKINSON, J., absent.