Christian v. Christian
Christian v. Christian
Opinion of the Court
In 1890 Mrs. Mary S. Christian executed a deed to her children (including sons and daughters) to certain land, which provided that the possession and the issues and profits of the land should remain in her during her natural life, and that from thence they should remain m her unmarried daughters, the right of partition not to exist so long as any of her daughters should remain single, “to have and to hold the said bargained premises to the said parties of the second part, their heirs and assigns, forever in fee simple.” In 1895 the plaintiffs and two of their sisters conveyed to Frank G. Christian, one of their brothers, their undivided interests. .This conveyance recited that it was made in consideration of the sum of fifty dollars “and our future maintenance and protection.” In 1900 Frank G. Christian conveyed the land to J. T. King. The contention- of the plaintiffs was, that Frank G. Christian agreed with his brother, George R. Christian, that the latter should receive the purchase-money from King and should take the place of the former and support his sisters, the plaintiffs; that King paid most of the purchase-money directly to George R. Christian, paying some of it to Frank G. Christian, who stated that he paid it to George R.; that' George R. Christian invested this money in a lot in Brooks county, which was later sold, and the proceeds reinvested; and that he was seeking to sell his property and move to Meriwether county. In their petition they alleged an agreement between themselves and George R. Christian in regard to the investment in the first lot in Brooks county; but there was no evidence to support this allegation. There was also an allegation of danger of loss, though not of positive insolvency; but the defendant testified without conflict that he was worth from twenty to thirty thousand dollars. He denied the substantial alie
Judgment reversed.
Reference
- Full Case Name
- CHRISTIAN v. CHRISTIAN
- Status
- Published