Webster v. Black
Supreme Court of Georgia
Ejectment. Before Judge George. Wilcox superior court. October 4, 1913. W. C. Black brought an action of ejectment against Mrs. E. M. Webster, tenant in possession, to recover lots of land Nos. 331 and 343 in the 13th district of Wilcox county. The case was submitted to the trial judge, on an approved brief of evidence and an additional agreed statement of facts, to pass on without the intervention of a jury.
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Ejectment. Before Judge George. Wilcox superior court. October 4, 1913. W. C. Black brought an action of ejectment against Mrs. E. M. Webster, tenant in possession, to recover lots of land Nos. 331 and 343 in the 13th district of Wilcox county. The case was submitted to the trial judge, on an approved brief of evidence and an additional agreed statement of facts, to pass on without the intervention of a jury. The court entered judgment in favor of the plaintiff against the defendant for the premises described in the declaration as amended, with cost of suit. The defendant excepted.
1Opinion of the CourtHill, J.
1. A deed of conveyance to certain realty, upon a valuable consideration, properly executed and recorded, lias priority over an older unrecorded deed of which the grantee in the younger deed had no notice at the time the deed to him was executed. Rowe v. Henderson Naval Stores Co., 139 Ga. 318 (77 S. E. 17).
2. “Executors, administrators, guardians, and trustees are authorized to sell and convey property by attorneys in fact, in all cases where they may lawfully sell and convey in person.” Civil Code (1910), § 3572. Accordingly, where a testator by his will gave his executors authority to sell…
2Cases cited4 opinions
- Hamilton v. WillifordSupreme Court of Georgia · 1892
- Cogan v. ChristieSupreme Court of Georgia · 1873
- Scales v. ChambersSupreme Court of Georgia · 1901
- Rowe v. Henderson Naval Stores Co.Supreme Court of Georgia · 1913
3Cited by10 opinions
- Beecher v. CarterSupreme Court of Georgia · 1939
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Anderson v. BarronSupreme Court of Georgia · 1952
- Nickerson v. PorterSupreme Court of Georgia · 1940
- Toms v. KnightonSupreme Court of Georgia · 1945
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