Carpenter v. Cornwell

Pannell, Presiding Judge.

1. "One partner can not execute a deed conveying partnership realty, which will be binding on the firm. Drumwright v. Philpot, 16 Ga. 424 (60 AD 738); Sutlive v. Jones, 61 Ga. 676; Turner v. Printup, 65 Ga. 71.” Godley v. Hinely, 165 Ga. 717, 719 (1) (142 SE 86). Such conveyance, however, conveys the individual interest of the partner in the realty who executed and delivered the deed; subject, however, to the right of creditors of the partnership. Taylor v. McLaughlin, 120 Ga. 703, 706 (3) (48 SE 203).

2. The jury was authorized to find in the present case *798that…