Kytle v. Kytle
Supreme Court of Georgia
Complaint for land. Before Judge Kimsey. Habersham superior court. July 31, 1906. W. W. Kytle brought an action against W. S. Kytle and others,, to recover possession of a described parcel of land and mesne profits.
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Complaint for land. Before Judge Kimsey. Habersham superior court. July 31, 1906. W. W. Kytle brought an action against W. S. Kytle and others,, to recover possession of a described parcel of land and mesne profits. The deed under which the plaintiff claimed was in the following language: “This indenture, made this the eleventh day o£ January, eighteen hundred and ninety-four, between J. B. Kytle, of the county of Habersham, and W. W. Kytle, of the county of Banks, of the State aforesaid, witnesses, that the said J. B. Kytle, for and in consideration of the natural love and affection he has.…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The paper relied on by the plaintiff as a muniment of title was a deed, and not a will. West v. Wright, 115 Ga. 277; Griffith v. Douglas, 120 Ga. 582; Sharpe v. Matthews, 123 Ga. 794.
2. When the deed is construed in its entirety, it is manifest that it was the intention of the grantor to reserve a life-estate in the property and to convey to the grantee the remainder interest therein. The consideration for this conveyance, as expressed in. the deed, is twofold, — natural love and affection, and the support of the grantor. It is true that it is not stated in terms…
2Cases cited10 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- McCardle v. KennedySupreme Court of Georgia · 1893
- West v. WrightSupreme Court of Georgia · 1902
- Sharpe v. MathewsSupreme Court of Georgia · 1905
- Bryant v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cowart v. SingletarySupreme Court of Georgia · 1913
- Hadaway v. HadawaySupreme Court of Georgia · 1941
- Union City Realty & Trust Co. v. WrightSupreme Court of Georgia · 1912
- Louisville & Nashville Railroad v. NelsonSupreme Court of Georgia · 1916
- Davis v. DavisSupreme Court of Georgia · 1910
21 more not listed; retrieve them via the Exa API.