76 Ga. 705 | Ga. | 1886
■ The defendants in error brought their action of ejectment to recover certain lots and parcels of land against the plaintiffs in error, except D. N. Burger. Their title rested upon a deed of conveyance made by one Miller to W. Y. Elder, as trustee for the wife of D. N. Burger, who was to have the use of the land for life, and at her death the same was to be equally divided between the children of D. N. Burger. Mrs. Burger, thelife-tenant, having died, the children
The bill prayed that the land be decreed to belopg to the purchasers from Burger and that the deed from Miller to Elder, trustee, convey no title to the wife and children; and if this could not be done, then that the complainants be subrogated to all the rights of Burger, and that defendants be decreed to pay plaintiff the money which Burger had expended for the education and maintenance of, his children, and that they be allowed a reasonable sum for their improvements. To this bill the defendants demurred' for want of equity, and because plaintiffs had an adequate remedy at law. The court sustained the demurrer, and the plaintiffs excepted, and this is the complaint here.
There the mother, who was the natural guardian of the daughter, had received dividends from stock which belonged to the daughter, and from this fund had supported and educated the daughter, and also the case of Maddox et al. vs. Oxford, 70 Ga., 179. In the last mentioned case, the husband used the money of the wife, which was her separate estate, and purchased land in his own name. Upon a suit brought by the wife to recover the money, against the husband and his vendor, it was held that whatever. sum the husband had paid to the wife, his vendor would be subrogated to the husband’s right to recover the Same from the wife. It does not require much discrimination to distinguish the case finder consideration from the cases referred to.
Let the decree of the court below be affirmed.