Woodbery v. Atlas Realty Co.
Supreme Court of Georgia
Complaint for land. Before Judge Pendleton. Eulton superior court. April 11, 1918. In September, 1858, Joseph E. Woodbery, “for and in consideration of the natural love and affection which he has and bears to and for his present and beloved wife, Mrs. R. Emma Woodbery,” conveyed described land in the city of Atlanta to H. H. C. Holcombe in trust, “with all the rights, members, and appurtenances in any way or manner belonging, for the sole and separate use and benefit of the…
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Complaint for land. Before Judge Pendleton. Eulton superior court. April 11, 1918. In September, 1858, Joseph E. Woodbery, “for and in consideration of the natural love and affection which he has and bears to and for his present and beloved wife, Mrs. R. Emma Woodbery,” conveyed described land in the city of Atlanta to H. H. C. Holcombe in trust, “with all the rights, members, and appurtenances in any way or manner belonging, for the sole and separate use and benefit of the said E. Emma Woodbery [wife of the grantor] during her natural life, . . and after her death to her children; but should…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) '
1. In construing a deed the entire instrument must be looked at, and all parts construed together, in order to determine the 'intention of the maker, without special regard to the formal arrangement of the deed. The interpretation should be such as will effectuate the intention, and it is proper to seek for a rational purpose by construing the deed consistently with reason and common sense. If there is any doubt as to the real intention, an interpretation which plainly leads to injustice should be rejected, and one which conforms more to the meaning of…
2Cases cited24 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Fleming v. HughesSupreme Court of Georgia · 1896
- Heath v. MillerSupreme Court of Georgia · 1903
- Clarke v. East Atlanta Land Co.Supreme Court of Georgia · 1901
- Bull v. WalkerSupreme Court of Georgia · 1884
19 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
- Clark v. BakerSupreme Court of Georgia · 1938
- Burton v. PattonSupreme Court of Georgia · 1926
- Garrett v. Southern Health Corp. of Ellijay, Inc.Court of Appeals of Georgia · 2013
- Sanders v. First Nat. Bank of AtlantaSupreme Court of Georgia · 1939
27 more not listed; retrieve them via the Exa API.