Smith v. Odom
Supreme Court of Georgia
Realty. Personalty. Contracts. Evidence. Deeds. Before Judge Crawford. Talbot Superior Court. March Term, 1879. Odom brought case, alleging that he and Smith were tenants in common of a certain plantation in Muscogee county; that they portioned the same among themselves, and that it was agreed that four laborers’ houses, on the land which Smith received in the partition — should be Odom’s property, and that he might remove them ; that on Smith’s land was a gin-house, in…
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Realty. Personalty. Contracts. Evidence. Deeds. Before Judge Crawford. Talbot Superior Court. March Term, 1879. Odom brought case, alleging that he and Smith were tenants in common of a certain plantation in Muscogee county; that they portioned the same among themselves, and that it was agreed that four laborers’ houses, on the land which Smith received in the partition — should be Odom’s property, and that he might remove them ; that on Smith’s land was a gin-house, in which was a cotton gin, gearing and band, that were not divided, but were to be used jointly; that Smith refuses to permit…
1Opinion of the Court
Bleckley, Justice.
1. “Realty, or real estate, includes all lands and the buildings thereon, and all things permanently attached to either, or any interest therein or issuing out of, or dependent thereon. The right of the owner of lands extends downwards and upwards indefinitely.” Code, §2218. Where there is a conveyance of land by deed, containing no reservations as to the buildings, a parol understanding that the vendor retains the ownership of the houses, with the right to enter and remove them, is certainly inconsistent with the deed. Such a stipulation ought to find a place in the…
2Cited by21 opinions
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- Wofford Oil Co. v. Weems-Fuller Co.Supreme Court of Georgia · 1928
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