Smaha v. George

Jenkins, Justice.

An instrument, reciting a consideration of $10 and other good and valuable considerations, purporting to convey lands to the maker’s nephews and nieces, with the usual habendum and warranty clauses and provisions of a deed, purporting to be signed by the maker by “his x mark,” attested by two witnesses, one a notary public, delivered to one of the grantees at the time of its execution, and recorded during the life of the grantor, is a deed, and not a void will because improperly witnessed as such, where, after conveying the property to the grantees, their heirs and assigns,…