Legal Opinion

Childs v. Mitchell

Supreme Court of Georgia

Decided October 13, 1948No. 16336PublishedCited by 5 opinions

1Opinion of the Court

It is essential to the validity of a deed that it be delivered. The petition in this case, which alleged that the deed sought to be canceled of record had not been delivered by the grantor during her lifetime, set out a cause of action.

No. 16336. OCTOBER 13, 1948. REHEARING DENIED NOVEMBER 18, 1948.

James D. Childs, as administrator with the will annexed of the estate of Mrs. Lula Allen Darracott, brought an action against Lula Maude Leathers and J. C. Cook Jr., to cancel a deed recorded February 3, 1947, in the records of the Clerk of the Superior Court of Fulton County. The deed was dated…

2Cases cited3 opinions

  1. Reese v. ReeseSupreme Court of Georgia · 1892
  2. Georgia Peruvian Ochre Co. v. Cherokee Ochre Co.Supreme Court of Georgia · 1921
  3. Carolina Construction Co. v. BranchSupreme Court of Georgia · 1927

3Cited by5 opinions

  1. Smith v. LockridgeSupreme Court of Georgia · 2010
  2. Robinson v. WilliamsSupreme Court of Georgia · 2006
  3. Johnson v. JohnsonCourt of Appeals of Georgia · 2014
  4. MARIA CRISTINA VALLE GALEANA v. ERIN MCCOMMONCourt of Appeals of Georgia · 2025
  5. MICHAEL RANDY JOHNSON v. TROY JAMES JOHNSONCourt of Appeals of Georgia · 2014

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