Legal Opinion

Huff v. Yarbrough

Supreme Court of Georgia

Decided August 19, 1912PublishedCited by 4 opinions

Complaint for land. Before Judge Morris. Cobb superior court. March 16, 1911. James Huif and Mary Ragsdale brought an action for the recovery of land in Cobb count3, against E. E. Yarbrough and certain named tenants of the latter. It is alleged in the petition that plaintiffs and defendant claim under a common source of title, to wit, through J. E. Huff.

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Complaint for land. Before Judge Morris. Cobb superior court. March 16, 1911. James Huif and Mary Ragsdale brought an action for the recovery of land in Cobb count3, against E. E. Yarbrough and certain named tenants of the latter. It is alleged in the petition that plaintiffs and defendant claim under a common source of title, to wit, through J. E. Huff. Petitioners base their claim of title upon the two written instruments hereinafter set forth, each executed with the formality of a deed; and upon the further fact that Mrs. Martha Huff, therein named, has since died. The first of these…

1Opinion of the CourtBeck, J.

(After stating the facts.) Hnder the allegations of the petition, the written instrument executed by J. F. Huff is to be given effect and construed according to the words and terms thereof, inasmuch as subsequently to the death of J. F. Huff all of his children joined in the execution of the other written instrument conveying to Mrs. Martha Huff, the widow of J. F. Huff, “all and singular the rights” to the property purporting to have been conveyed to her by the instrument first set forth above. It is conceded in the petition brought by the complainants that this deed which all the children…

2Cases cited2 opinions

  1. Darnell v. BartonSupreme Court of Georgia · 1885
  2. Hudgens v. WilkinsSupreme Court of Georgia · 1886

3Cited by4 opinions

  1. Estate of Landers v. CommissionerUnited States Tax Court · 1962
  2. Keen v. RodgersSupreme Court of Georgia · 1948
  3. Estate of Landers v. CommissionerUnited States Tax Court · 1962
  4. Lokey v. McMurrainSupreme Court of Georgia · 1922

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