Culbreath v. Martin
Supreme Court of Georgia
Ejectment. Before Judge Hammond. Richmond superioi court. December 12, 1906. In 1905 Fannie Culbreatli brought an action against Robert Martin, to recover possession of a described tract of. land. The defendant, in his answer, denied title in the plaintiff.
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Ejectment. Before Judge Hammond. Richmond superioi court. December 12, 1906. In 1905 Fannie Culbreatli brought an action against Robert Martin, to recover possession of a described tract of. land. The defendant, in his answer, denied title in the plaintiff. Tbe plaintiff relied upon a deed from Grace Kennedy to Fannie Oulbreath, dated April 25, 1892. It appeared that the grantee was the adopted daughter of the grantor, and that she was a minor at the date of the death of her grantor, which occurred in 1899. The consideration of the deed was one dollar and natural love and affection. The deed…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) It is the settled law of this State that a bona fide purchaser for value is entitled to prevail over the holder of a voluntary conveyance of a previous date, though the same be duly recorded, unless the former took with actual notice of the existence of the previous deed. Finch v. Woods, 113 Ga. 996 (39 S. E. 418); Scott v. Atlas Asso., 114 Ga. 134 (39 S. E. 9422). In Whittington v. Wright, 9 Ga. 33, it was said that a conflict between the equities of a bona fide purchaser and a volunteer can only arise when both parties claim under the same grantor. In that case…
2Cases cited12 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
- Fleming v. TownsendSupreme Court of Georgia · 1849
- Finch v. WoodsSupreme Court of Georgia · 1901
- Russell v. KearneySupreme Court of Georgia · 1859
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3Cited by5 opinions
- Waters v. WellsSupreme Court of Georgia · 1923
- Isler v. GriffinSupreme Court of Georgia · 1910
- Hines v. LavantSupreme Court of Georgia · 1924
- King & Hamilton v. MobleySupreme Court of Georgia · 1920
- Mathis v. SolomonSupreme Court of Georgia · 1939