Nort v. Healy Real Estate & Improvement Co.
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Eulton superior court. January 29, 1910. The surviving children of John Nort, deceased, and his grandson, who is the only child of his daughter Margaret, deceased, brought their petition against the Healy Beal Estate & Improvement Co., alleging that the defendant is in possession and control of certain described real estate in the City of Atlanta in which petitioners claim an undivided one-third interest, and praying for an accounting…
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Equitable petition. Before Judge Bell. Eulton superior court. January 29, 1910. The surviving children of John Nort, deceased, and his grandson, who is the only child of his daughter Margaret, deceased, brought their petition against the Healy Beal Estate & Improvement Co., alleging that the defendant is in possession and control of certain described real estate in the City of Atlanta in which petitioners claim an undivided one-third interest, and praying for an accounting between petitioners and the defendant, for a judgment in favor of petitioners for such sums as may be due them as tenants…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Giving effect to the plain import of the language used by the grantor, Margaret Nort, in her deed of gift to Peter Nort, John Nort, and Charles Beerman, trustee for his minor children, so far as relates to the portion of the property conveyed to the grantor’s son, J ohn, the latter was given a one-third interest or portion, with remainder over, with a power to sell the fee. In the first part of the granting clause, after the use of apt words of gift and conveyance of the entire property embraced in the deed, and in the same sentence, the grantor employs…
2Cases cited9 opinions
- Terry v. RodahanSupreme Court of Georgia · 1888
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Clarke v. East Atlanta Land Co.Supreme Court of Georgia · 1901
- Mahoney v. ManningSupreme Court of Georgia · 1910
- Mayo v. HarrisonSupreme Court of Georgia · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bienvenu v. First National Bank of AtlantaSupreme Court of Georgia · 1941
- Mathis v. GlawsonSupreme Court of Georgia · 1920
- Willie v. Hines-Yelton Lumber Co.Supreme Court of Georgia · 1926
- Grayson v. Germania BankSupreme Court of Georgia · 1913
- Stark v. ChambersSupreme Court of Georgia · 1913
2 more not listed; retrieve them via the Exa API.