Floyd v. Colonial Stores, Inc.

I dissent from the ruling in Division 1 of the majority opinion on the authority of Whiddon v. Hall, 155 Ga. 570 (6, 7) (118 SE 347). That case involved the question of the delivery of a deed. Headnotes 6 and 7 read as follows: “Presumptions in favor of the delivery of a deed arising from its possession by the grantee, its due recordation, its attestation by an officer, and the possession of the premises conveyed under the deed, are evidence of delivery; and, while these presumptions are rebuttable ones, the evidence of an unimpeached witness that the deed was not delivered raises a conflict…