Legal Opinion
Brown v. Brown
Supreme Court of Georgia
Decided September 10, 1941No. 13837PublishedCited by 7 opinions
1Opinion of the Court
1. In every case of an escrow, the person to whom the deed is delivered must, by mutual consent, be constituted the agent of both parties. Wellborn v. Weaver, 17 Ga. 267, 275 (63 Am. D. 235). If he is made merely the agent or attorney of the grantor, there would be no escrow, and the instrument would be recoverable by the grantor, since the possession of the depository would remain merely that of the principal. Anderson v. Goodwin, 125 Ga. 663, 670 (54 S.E. 679), and cit.; 19 Am. Jur. 432, § 15. It is equally true that if he is made merely the agent or attorney of the grantee, there would be…
2Cases cited6 opinions
- Wellborn v. WeaverSupreme Court of Georgia · 1855
- Jordan v. PollockSupreme Court of Georgia · 1853
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Dixon v. Bristol Savings BankSupreme Court of Georgia · 1897
- Duncan v. PopeSupreme Court of Georgia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boteilho v. BoteilhoHawaii Supreme Court · 1977
- City of Atlanta v. CarrollSupreme Court of Georgia · 1942
- Janson v. Cozen and O'ConnorSuperior Court of Pennsylvania · 1996
- Byrd v. RiggsSupreme Court of Georgia · 1957
- Car-Perk Services, Inc. v. CarrSupreme Court of Georgia · 1963
2 more not listed; retrieve them via the Exa API.