Byrd v. Byrd
Supreme Court of Georgia
Wills. Conveyancing. Pleading. Before Judge Harvey. Chambers. Floyd county. May, 1871. This bill by Nancy A. Byrd and Thomas M. Byrd against John P. Byrd, contained the following averments: They are all heirs of John G. Byrd and distributees of his estate. He died testate, leaving $7,500 00 of property, consisting of land, slaves, etc.
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Wills. Conveyancing. Pleading. Before Judge Harvey. Chambers. Floyd county. May, 1871. This bill by Nancy A. Byrd and Thomas M. Byrd against John P. Byrd, contained the following averments: They are all heirs of John G. Byrd and distributees of his estate. He died testate, leaving $7,500 00 of property, consisting of land, slaves, etc. His wife was made his executrix, and the will directed the property to be kept together for a term stated and then divided equally between herself and the six children, except that certain of them were to receive certain slaves at a valuation, and account for…
1Opinion of the Court
McCay, Judge.
This bill admits that the defendant holds the deeds it seeks to have delivered up to be canceled, by their own act. It does not charge that they were made under a mistake, or procurred by any fraud, or that either of the signers were under any disability. They do not even assert that they were made in ignorance of any legal rights in the grantees. It is true the bill does charge that they were made without consideration, and adds that they are therefore void. But we do not agree with the conclusion thus arrived at. A deed to lands, fully executed, is not void for want of a…
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