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Touchton v. Tomlinson

Supreme Court of Georgia
Apr 8, 1980
266 S.E.2d 170 (Ga. 1980)

Summary

holding that there was no presumption of a gift where the wife's money was used to make the purchase but title was placed in the name of the husband, and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife

Summary of this case from Wallace v. McFarland (In re McFarland)

Opinion

35702.

SUBMITTED DECEMBER 7, 1979.

DECIDED APRIL 8, 1980.

Land line dispute; injunction. Echols Superior Court. Before Judge Calhoun.

J. Laddie Boatright, for appellant.

Langdale Vallotton, William P. Langdale, Jr., for appellees.


This is a land line case. Appellant is the owner of a certain portion of land in Land Lot 477 in the 11th District of Echols County, which is coterminous to, and to the north of land of the appellees in Land Lot 478. Appellant has owned his land since 1935 and appellee Tomlinson has lived on his land since 1927. Upon submission of the land line issue to the jury, under a charge admittedly without error, the jury found the original land lot line to be the one claimed by the appellees.

We have carefully examined the enumerations of error raised by the appellant and find no reversible error.

Judgment affirmed. All the Justices concur.


SUBMITTED DECEMBER 7, 1979 — DECIDED APRIL 8, 1980.


Summaries of

Touchton v. Tomlinson

Supreme Court of Georgia
Apr 8, 1980
266 S.E.2d 170 (Ga. 1980)

holding that there was no presumption of a gift where the wife's money was used to make the purchase but title was placed in the name of the husband, and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife

Summary of this case from Wallace v. McFarland (In re McFarland)
Case details for

Touchton v. Tomlinson

Case Details

Full title:TOUCHTON v. TOMLINSON et al

Court:Supreme Court of Georgia

Date published: Apr 8, 1980

Citations

266 S.E.2d 170 (Ga. 1980)
245 Ga. 550

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