Toole v. Toole
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Bibb superior ■court. April term, 1898. The original petition against Lillian S. and James A. Toole •alleged, in brief: The petitioners are the children of James A. Toole, and of his first wife, Eliza A. In 1894 he executed a -deed conveying certain land to himself as trustee for her during her life, with remainder in fee to her children born and to be horn by his marriage with her, providing that if he should ■survive her he should…
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Equitable petition. Before Judge Felton. Bibb superior ■court. April term, 1898. The original petition against Lillian S. and James A. Toole •alleged, in brief: The petitioners are the children of James A. Toole, and of his first wife, Eliza A. In 1894 he executed a -deed conveying certain land to himself as trustee for her during her life, with remainder in fee to her children born and to be horn by his marriage with her, providing that if he should ■survive her he should be entitled to the rents and profits, use and occupancy of the property during his life. She subsequently died, and he…
1Opinion of the Court
Simmons, O. J.
The deed made by Dr. Toole to his first wife and children, assuming that it was delivered, conveyed all the title and interest he had in the land, and was a good *476and binding deed as between him and them, although it had but one witness and was unrecorded. Howard v. Russell, 104 Ga. 230. As he had thus parted with all title he had to this land, the voluntary deed which he subsequently made to his second wife conveyed no title to her, unless voluntary deeds, when in competition with each other, are governed by the provisions of the registry acts. If these acts are applicable to…
2Cases cited4 opinions
- Hale v. Robertson & Co.Supreme Court of Georgia · 1897
- Howard v. RussellSupreme Court of Georgia · 1898
- Snodgrass v. RickettsCalifornia Supreme Court · 1859
- Way v. LyonIndiana Supreme Court · 1832
3Cited by14 opinions
- Stephens v. WalkerSupreme Court of Georgia · 1942
- Pugsley v. SmythOregon Supreme Court · 1921
- Price v. WattsSupreme Court of Georgia · 1967
- Finch v. WoodsSupreme Court of Georgia · 1901
- National Fire Insurance v. ThompsonCourt of Appeals of Georgia · 1935
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