Shelton v. Edenfield
Supreme Court of Georgia
Equitable petition. Before Judge Summerall. Coffee superior court. September 5, 1917. The plaintiff, as the administrator of the estate of Lucretia S. Edenfield, filed a petition against Jesse S. Edenfield, alleging that the plaintiff was the true and lawful owner of a described 100 acres of land, and that the defendant was claiming title thereto under a deed purporting to have been executed by the plaintiff’s intestate, who was the wife of the defendant.
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Equitable petition. Before Judge Summerall. Coffee superior court. September 5, 1917. The plaintiff, as the administrator of the estate of Lucretia S. Edenfield, filed a petition against Jesse S. Edenfield, alleging that the plaintiff was the true and lawful owner of a described 100 acres of land, and that the defendant was claiming title thereto under a deed purporting to have been executed by the plaintiff’s intestate, who was the wife of the defendant. The plaintiff attacked the validity of this deed, on the ground that the grantor was mentally incapable of making a deed at the time of its…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The instrument involved in the present controversy was executed in the form of a regular warranty deed in fee simple, with the exception that it contained the following language after the description of the land: “the said Lucretia S. Edenfield to have and control the sale of the land during her natural life, thence the said Jesse S. Edenfield.” It is argued that this clause not only reserves in Mrs. Edenfield the use of the land, but also the right to sell it during her lifetime, and that therefore the instrument did not pass the title eo instanti it…
2Cases cited10 opinions
- Wellborn v. WeaverSupreme Court of Georgia · 1855
- Bourquin v. BourquinSupreme Court of Georgia · 1900
- Robinson v. SchlySupreme Court of Georgia · 1849
- White v. HopkinsSupreme Court of Georgia · 1887
- Ross v. CampbellSupreme Court of Georgia · 1884
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3Cited by16 opinions
- Smaha v. GeorgeSupreme Court of Georgia · 1943
- Price v. GrossSupreme Court of Georgia · 1918
- Patellis v. TannerSupreme Court of Georgia · 1944
- Allen v. BemisSupreme Court of Georgia · 1942
- Montgomery v. ReevesSupreme Court of Georgia · 1929
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