Sanford v. Sanford
Supreme Court of Georgia
Life estates. Forfeiture. Before Judge Bartlett. Baldwin Superior Court. February Term, 1875. On June 20th, 1874, John W. A. Sanford brought complaint against Daniel B. Sanford, for house and lot situated in the city of Milledgeville. Amongst other defenses the defendant pleaded the statute of limitations.
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Life estates. Forfeiture. Before Judge Bartlett. Baldwin Superior Court. February Term, 1875. On June 20th, 1874, John W. A. Sanford brought complaint against Daniel B. Sanford, for house and lot situated in the city of Milledgeville. Amongst other defenses the defendant pleaded the statute of limitations. The evidence disclosed the following facts: By the will of Jesse Sanford, the property in dispute was devised to John W. A.^Sanford for life, with remainder to his children, one of whom was the plaintiff. This instrument. was admitted to probate on March §th, 1827. The life tenant died in…
1Opinion of the Court
Bleckley, Judge.
What was the common law? Blackstone, in 2 Com., states it thus: “Alienations by particular tenants, when they are greater than the law entitles them to make, and divest the remainder or reversion, are also forfeitures to him whose right is attacked thereby. As, if tenant for his own life aliens by feoffment or fine for the life of another, or entail, or in fee; these being estates which either must or may last longer than his own, the creating of them is not only beyond his power and inconsistent with the nature of his interest, but is also a forfeiture of his own particular…
2Cases cited1 opinion
- M'Kee's Leffee v. PfoutSupreme Court of the United States · 1798
3Cited by5 opinions
- Ford v. CookSupreme Court of Georgia · 1884
- Allen v. HughesSupreme Court of Georgia · 1899
- Lazenby v. WareSupreme Court of Georgia · 1934
- Howard v. HendersonSupreme Court of Georgia · 1914
- Robinson v. United StatesDistrict Court, N.D. Georgia · 1961