Legal Opinion

Lane v. Coedell

Supreme Court of Georgia

Decided June 14, 1917PublishedCited by 10 opinions

Complaint for land. Before Judge Cox. Decatur superior court. May 8, 1916. Alma Lane, and her children, John E., Fannie I., and Bessie L. Lane, by Alma Lane as their next friend, brought suit for the recovery of a certain tract of land, alleging that Alma Lane was the wife of J. Oscar Lane; that while they were husband and wife Oscar Lane executed a deed conveying the property in controversy to Alrpa Lane “and the heirs of her body by J. Oscar Lane, their heirs and assigns;”…

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Complaint for land. Before Judge Cox. Decatur superior court. May 8, 1916. Alma Lane, and her children, John E., Fannie I., and Bessie L. Lane, by Alma Lane as their next friend, brought suit for the recovery of a certain tract of land, alleging that Alma Lane was the wife of J. Oscar Lane; that while they were husband and wife Oscar Lane executed a deed conveying the property in controversy to Alrpa Lane “and the heirs of her body by J. Oscar Lane, their heirs and assigns;” that at the time of the execution of the deed John E. Lane was in life, he being the child of Alma and Oscar Lane; and…

1Opinion of the CourtBeck, J.

1. Under the conveyance to “Alma Lane and the heirs of her body by J. Oscar Lane, their heirs and assigns,” Alma Lane took an absolute fee-simple title to the property conveyed. In the case of McCraw v. Webb, 134 Ga. 579 (68 S. E. 324), it appears that in a deed executed before the passage of the married *102woman’s act, when a trust could be created for a married woman, the grantor conveyed to James Webb and Elizabeth Webb a certain tract of land, and in the tenendum clause it was recited that they were “to have and to hold the said tract of land unto the said James Webb and his wife Elizabeth…

2Cases cited3 opinions

  1. Griffin v. StewartSupreme Court of Georgia · 1897
  2. Whatley v. BarkerSupreme Court of Georgia · 1887
  3. McCraw v. WebbSupreme Court of Georgia · 1910

3Cited by10 opinions

  1. Singer v. First National Bank Trust Co.Supreme Court of Georgia · 1943
  2. Pace v. FormanSupreme Court of Georgia · 1918
  3. Sikes v. MoxleySupreme Court of Georgia · 1946
  4. Mosley v. BrownSupreme Court of Georgia · 1923
  5. Hill v. LangSupreme Court of Georgia · 1955

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