Stamey v. McGinnis
Supreme Court of Georgia
Complaint for land. Before Judge Wright. Floyd superior court. June 24, 1918. On December 22, 1914, J. E. Stamey and others filed a petition against Bob H. McGinnis and Sam King, alleging, among other things, as follows: Four of the plaintiffs are sni juris, and the remaining three are minors who sue by their next friend. All of them are under twenty-eight years of age.
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Complaint for land. Before Judge Wright. Floyd superior court. June 24, 1918. On December 22, 1914, J. E. Stamey and others filed a petition against Bob H. McGinnis and Sam King, alleging, among other things, as follows: Four of the plaintiffs are sni juris, and the remaining three are minors who sue by their next friend. All of them are under twenty-eight years of age. On May 8, 1893, J. W. Haney Sr. executed a deed of which a copy is attached to the petition, conveying the land in dispute. The material parts, of it are set out in the first headnote. Mrs. Stamey immediately went into…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. There are three possible constructions of this deed: (1) That it conveyed a life-estate only to Mrs. Stamey and any children who were in esse when it was executed, with no provision as to the remainder, and that therefore there was a reversion to the grantor or his heirs after the termination of these life-estates. This is inconsistent with the entire deed and its purpose as indi*229cated throughout. There is nothing to show that the grantor intended to leave any of the estate ungranted, or contemplated a reversion. In this State where land is granted with…
2Cases cited4 opinions
- Ewing v. ShropshireSupreme Court of Georgia · 1888
- Wright v. HillSupreme Court of Georgia · 1913
- Crumpler v. Barfield & Wilson Co.Supreme Court of Georgia · 1902
- Freeman v. PhillipsSupreme Court of Georgia · 1901
3Cited by22 opinions
- Guess v. MorganSupreme Court of Georgia · 1943
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Lassiter v. Bank of DawsonSupreme Court of Georgia · 1940
- Wills v. PierceSupreme Court of Georgia · 1951
- Farkas v. FarkasSupreme Court of Georgia · 1946
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