Lawhorn v. Steele

Jordan, Justice.

This appeal is from an order of the Spalding Superior Court in a quia timet proceeding.

The controversy concerns two adjoining tracts of land originally owned by Emanuel Appling. In 1902, Emanuel Appling conveyed one tract of land to Perry Lee Bailey (the Bailey Tract), and the other tract of land to Ella Appling (the Appling Tract).

In the 1920’s Perry Lee Bailey died intestate, leaving several surviving heirs, one of whom was Marvin Bailey. There was no administration of the estate. In 1952 Marvin Bailey executed to W. B. Forbes a deed to secure debt which purports to convey…