King v. McDuffie
Supreme Court of Georgia
Equitable petition. Before Judge George. Wilcox superior court. October 19, 1914. Certain persons, as children of a deceased woman, filed a petition against her administrator, seeking, among other things, to enjoin the defendant from selling certain land. They claimed under a deed which conveyed the land to their mother “and the heirs of her body after her death.” The defendant claimed that the land belonged in fee simple to the intestate.
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Equitable petition. Before Judge George. Wilcox superior court. October 19, 1914. Certain persons, as children of a deceased woman, filed a petition against her administrator, seeking, among other things, to enjoin the defendant from selling certain land. They claimed under a deed which conveyed the land to their mother “and the heirs of her body after her death.” The defendant claimed that the land belonged in fee simple to the intestate. By amendment to his answer he alleged, that the father of the intestate gave it to her, put her in possession, and made her a fee-simple deed to it some…
1Opinion of the CourtLumpkin, J.
There was evidence tending to show that a father made deeds of gift to his children, about 1885, to parts of his property. One of these deeds to a married daughter was in fee simple. In 1893 he executed a second deed covering the same property, and conveying it to the same daughter “and the heirs of her body after death,” a consideration of $800 being recited. There was also evidence tending to show that the daughter was then in possession of the property, and that she accepted the second deed.
1. The second deed, under the code of this State, would by its terms operate to convey a life-estate…
2Cases cited2 opinions
- Holder v. ScarboroughSupreme Court of Georgia · 1903
- Hitchcock v. HinesSupreme Court of Georgia · 1915
3Cited by20 opinions
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Doe v. NewtonSupreme Court of Georgia · 1930
- Nationwide Insurance Co. v. WarrenCourt of Appeals of Kentucky · 1984
- Banks v. MorganSupreme Court of Georgia · 1927
- Perkins v. PerkinsSupreme Court of Georgia · 1917
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