Atlanta-East, Inc. v. Laird

In my opinion, the majority fails to apply controlling precedent which distinguishes between the authority of the Bank to convey an interest in property and the Bank’s actual conveyance of an interest pursuant to the exercise of its authority. The 1942 deed of trust clearly authorized the Bank to sell the one-fourth interest in the property which it received as trustee of the McCorkle estate. However, in executing the 1983 deed, the Bank acted only in its capacity as trustee of the Porter estate. Thus, the Bank did not purport to convey the undivided one-fourth interest which it held as a…