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← 280 Ga. 135 - Parris v. Leifels

Parris v. Leifels’s Empirical Analysis

2006

Citation profile

4
cited by 4 later decisions
1
states following
February 2017
most recently cited

4 state decisions

Relationships

Relies on Mays v. Perry · Westbrook v. Westbrook

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “OCGA § 53-12-93 (a) provides: “A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to the property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity.” With regard to interests in real property, a constructive trust generally may not be imposed based solely on a broken verbal promise to hold or transfer the land for the benefit of another. Mays v. Perry, 196 Ga. 729 ( 27 SE2d 698 ) (1943). To hold otherwise would wholly undermine the Statute of Frauds. Id. A broken verbal promise may be the basis of a constructive trust, however, if it was fraudulently made “with the intention of being broken and for the purpose of thereby obtaining title.” Id. at 736 . See also Westbrook v. Westbrook, 212 Ga. 472 ( 93 SE2d 683 ) (1956) (no constructive trust over real property where plaintiff made no allegation that verbal promise was made with intention of later breaking it).”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.