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Middlebrooks v. Lonas

Supreme Court of Georgia
246 Ga. 720 (1980)


Mary Middlebrooks (plaintiff) filed a complaint against W. L. Lonas and Elvira Lonas (defendants), her parents, alleging that she had loaned them $25,000 on the basis of a fraudulent promise to repay. Middlebrooks alleged that the Lonases used the $25,000 to build a home on their land but refused to repay her. Middlebrooks further alleged that the Lonases had taken out a mortgage on their home. Middlebrooks sought to enforce a constructive trust or an equitable lien on the home. The Lonases moved for summary judgment, arguing that Middlebrooks had failed to state a claim upon which equitable relief could be granted. The trial court granted the Lonases’ motion for summary judgment, and Middlebrooks appealed.

Rule of Law


Holding and Reasoning (Jordan, J.)

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