Griffith v. Douglas
Supreme Court of Georgia
Complaint for land. Before Judge Holden. Morgan superior . court. November 18, 1903. The defendants contended that the following instrument, on which the plaintiff based his claim of title, was testamentary, and not a conveyam.ee passing title in presenti. “ State of Georgia, Morgan County.
Read the full summary
Complaint for land. Before Judge Holden. Morgan superior . court. November 18, 1903. The defendants contended that the following instrument, on which the plaintiff based his claim of title, was testamentary, and not a conveyam.ee passing title in presenti. “ State of Georgia, Morgan County. This indenture, made the 4th day of August, in the'year of our Lord one thousand, eight hundred and ninety-two, between Mrs. Cynthia D. Head, of the County of Morgan and State of Georgia, of the first part, and A. S. N. Few, of the County of Morgan and State of Georgia, of the second part, witnesseth: that…
1Opinion of the CourtSimmons, C. J.
1. An instrument in all respects in the form of a warranty deed, attested as a deed, and delivered to the party named as grantee, although it contains the words “that this deed is not to go into effect until after the death of the party of the first part, hut at the death of said party of the first part the party of the second part is to take possession,” should be treated, not as a will, hut as a conveyance passing title in presentí, with right of possession postponed until the death of the grantor. West v. Wright, 115 Ga. 2,77; Brice v. Sheffield, 118 Ga. 128, and cit.; Watkins v. Nugen,…
2Cases cited31 opinions
- Wall v. WallMississippi Supreme Court · 1855
- Spencer v. RobbinsIndiana Supreme Court · 1886
- Wilson v. CarricoIndiana Supreme Court · 1895
- Watkins v. NugenSupreme Court of Georgia · 1903
- Abney v. MooreSupreme Court of Alabama · 1894
26 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Isler v. GriffinSupreme Court of Georgia · 1910
- Kytle v. KytleSupreme Court of Georgia · 1907
- Patellis v. TannerSupreme Court of Georgia · 1944
- Sharpe v. MathewsSupreme Court of Georgia · 1905
- Montgomery v. ReevesSupreme Court of Georgia · 1929
2 more not listed; retrieve them via the Exa API.