Henderson v. Sawyer
Supreme Court of Georgia
Oomplaiut for laud. Before Judge Smith. Twiggs superior court. October term, 1895. The three children of Mrs. Baker brought their action for the recovery of an undivided three fourths interest in certain land.
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Oomplaiut for laud. Before Judge Smith. Twiggs superior court. October term, 1895. The three children of Mrs. Baker brought their action for the recovery of an undivided three fourths interest in certain land. It was admitted that both plaintiffs and defendant claimed under a deed from one Bryant to Mrs. Baker, bearing date October 25, 1876, whereby, in consideration of $2,000, the grantor “hath granted, bargained, sold, and by these presents doth grant, bargain, sell and •convey unto tk© said Mary A. M. Baker, ker keirs and assigns,” tke land in question, “to have and to hold said parcels of…
1Opinion of the CourtSimmons, C. J.
1. Since the adoption of the code, a mere repugnance in words will not authorize a court to hold that there is a real repugnance 'in a deed, and consequently to annul the latter of two inconsistent clauses therein, when the actual intention of the maker, viewing the instrument as a whole, can be arrived at without serious difficulty. Code, §2755; Thurmond v. Thurmond, 88 Ga. 182; Bray v. McGinty, 94 Ga, 192, and cases cited; Rollins v. Davis, 96 Ga. 107.
2. Accordingly where premises described in a deed were thereby “granted, bargained and sold” to a named person, “her heirs and assigns,” “to…
2Cases cited2 opinions
- Rollins v. DavisSupreme Court of Georgia · 1895
- Thurmond v. ThurmondSupreme Court of Georgia · 1891
3Cited by10 opinions
- Collinsville Granite Co. v. PhillipsSupreme Court of Georgia · 1905
- Simpson v. BrownSupreme Court of Georgia · 1926
- Keith v. ChastainSupreme Court of Georgia · 1923
- Huie v. McDanielSupreme Court of Georgia · 1898
- Cobb v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1907
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