Johnson v. Sirmans
Supreme Court of Georgia
Wills, Deeds. Estates. Husband and Wife. Trusts. Titles. Before Judge MERSHON. Clinch Superior Court. March Term, 1882. The facts of this case sufficiently appear in the head notes and decision.
1Opinion of the Court
Jacicson, Chief Justice.
In the view we take of this case, the non-suit was properly awarded. Whether the case had gone to trial on the action of trover at law, or on the equitable suit into which it was changed by the ruling of the court, can make no essential difference. There could be no recovery for three *618reasons, it appears to us, though one is enough to make the non-suit a necessity.
1. The paper seems to be a will, and not a deed. It was to take effect after the death of the donor. The language is “.at my decease.” The words are emphasized by a repetition of them. If a will, as the whole…
2Cases cited1 opinion
- Williams v. TolbertSupreme Court of Georgia · 1880
3Cited by8 opinions
- Chidsey v. BrookesSupreme Court of Georgia · 1908
- Patellis v. TannerSupreme Court of Georgia · 1944
- Wynn v. WynnSupreme Court of Georgia · 1900
- McCraw v. WebbSupreme Court of Georgia · 1910
- Smith v. ThomasSupreme Court of Georgia · 1945
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