McGhee v. Minor

Duokwobth, Justice.

1. While an absolute deed of conveyance will not, at the instance of the grantor, be canceled merely because of a breach by the grantee of a promise made by him, in consideration of which the deed was executed (Brand v. Power, 110 Ga. 522, 36 S. E. 53; Christian v. Ross, 145 Ga. 284, 88 S. E. 986; Moore v. Turner, 146 Ga. 197 (3), 91 S. E. 13), and the remedy of the grantor in such a case is a suit for damages for such breach (Brand v. Power, supra), yet where, as in the instant ease, it is alleged that the grantee is insolvent, and *636.the evidence shows that the forty-nine…