55 Ga. 25 | Ga. | 1875
This was an action of ejectment brought by the plaintiffs against the defendant to recover the possession of lot of land number two hundred and ten, in the twenty-seventh district of Sumter county. On the trial of-the case, the jury, under the charge of the court, found a verdict for the defendant. A motion was made by the plaintiffs for a new trial on the several grounds set forth therein, which was overruled by the court, and the plaintiffs excepted.
The plaintiffs claim title to the land in dispute under a deed made by Wright Brady, dated 26th of January, 1860, by which the grantor conveyed the lot of land to Mary Jane Brady, the wife of Martin J. Brady, for her sole and separate use, and for the use of her children born and to be born, to have and to hold the same for the uses aforesaid. Some time in the year 1863, probably in October, the exact date does not appear, Mary Jane Brady and her husband, petitioned the judge of the superior court to appoint the said Martin J. Brady, the husband of said Mary Jane, trustee for herself and children, and also prayed for an order to sell said land, and invest the proceeds thereof in more productive property, for the benefit of the said Mary Jane and her children. On hearing and considering the application, the judge appointed Martin J. Brady trustee for his wife Mary Jane and her children, naming them, upon his giving bond and security in the sum of $4,000 00 faithfully to account to his cestui que trusts for the product of said sale and the investing the
Let the judgment of the court below be affirmed.