Wiggs v. Hendricks
Supreme Court of Georgia
Equitable petition. Before Judge Mathews. ’ Bibb superior court. May 30, 1917. The petition is against the defendant as executor, and seeks a judgment against him as such, generally against the estate of the testator, and specially against certain land described in a deed executed by “T. B. Hendricks, Executor,” and dated February 6, 1897, being a simple warranty deed, absolute on its face, and reciting a consideration of $2100. It is alleged, that, at the time the deed was…
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Equitable petition. Before Judge Mathews. ’ Bibb superior court. May 30, 1917. The petition is against the defendant as executor, and seeks a judgment against him as such, generally against the estate of the testator, and specially against certain land described in a deed executed by “T. B. Hendricks, Executor,” and dated February 6, 1897, being a simple warranty deed, absolute on its face, and reciting a consideration of $2100. It is alleged, that, at the time the deed was given, the defendant as executor was indebted to the plaintiff in the sum of $2100, loaned to him to carry on the…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.)
1. "An instrument which will serve to execute a power and which purports to convey the specific realty to which the power applies will be referred' to an interest, and not to the power, if the maker had an interest on which the conveyance could attach; but if he had no such interest, it will be referred to the power, and be treated as made in execution thereof.” Terry v. Rodahan, 79 Ga. 284 (5 S. E. 41, 11 Am. St. R. 420); Hart v. Lewis, 130 Ga. 504 (61 S. E. 26); Mahoney v. Manning, 133 Ga. 784, 786 (66 S. E. 1082). The maker of the deed in question had no…
2Cases cited5 opinions
- Terry v. RodahanSupreme Court of Georgia · 1888
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Mahoney v. ManningSupreme Court of Georgia · 1910
- Grayson v. Germania BankSupreme Court of Georgia · 1913
- Hart v. Lewis, Shore & Co.Supreme Court of Georgia · 1908
3Cited by6 opinions
- Clark v. Tennessee Chemical Co.Supreme Court of Georgia · 1928
- Patterson v. GaissertSupreme Court of Georgia · 1917
- Troup Co. v. SpeerCourt of Appeals of Georgia · 1919
- Lowden v. EskedorSupreme Court of Georgia · 1930
- Shropshire v. KinseySupreme Court of Georgia · 1929
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