Lewis v. Tennille Banking Co.

Jordan, Justice.

We must reverse. Georgia has adopted the rule that where there is an interest and a power existing together in the same person or persons over property and there is a conveyance without express or implied reference to the power, such conveyance attaches only to the interest and not the power. This subject matter was fully discussed by Chief Justice Bleckley in Terry v. Rodahan, 79 Ga. 278 (5 SE 38, 11 ASR 420), and later by this court in Mahoney v. Manning, 133 Ga. 784 (66 SE 1082). From the discussion in these cases and the holding in Holder v. American Investment &c. Co., 94…