TRAPNELL v. SWAINSBORO PRODUCTION CREDIT. ASSN.

17434.

208 Ga. 89 (1951)

65 S.E.2d 179

TRAPNELL v. SWAINSBORO PRODUCTION CREDIT ASSOCIATION.

Supreme Court of Georgia.

Decided May 15, 1951.


Attorney(s) appearing for the Case

Anderson & Trapnell, for plaintiff in error.

Rountree & Rountree, contra.


DUCKWORTH, Chief Justice.

1. Whenever the circumstances are such that a person taking property, either from fraud or otherwise, can not enjoy the beneficial interest without violating some established principle of equity, the court will declare him a trustee for the person beneficially entitled. Code, § 108-107. This sound principle of equity is applicable in the present case. Here the landlord executed an express waiver of his claims upon the crops involved...

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