Hawks v. Sailors
Supreme Court of Georgia
Deeds. Title. Evidence. Consideration. Trusts. Ejectment. Before Judge Hutchins. Jackson superior court. August term, 1890. Mrs. Sailors petitioned for the recovery from Hawks et al. of two fifths of the land conveyed by the deed of Jesse "White to C. C. Sailors (mentioned in the decision), and subsequently conveyed by Sailors to one of the defendants. The jury found in her favor, and a motion for a new trial was overruled.
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Deeds. Title. Evidence. Consideration. Trusts. Ejectment. Before Judge Hutchins. Jackson superior court. August term, 1890. Mrs. Sailors petitioned for the recovery from Hawks et al. of two fifths of the land conveyed by the deed of Jesse "White to C. C. Sailors (mentioned in the decision), and subsequently conveyed by Sailors to one of the defendants. The jury found in her favor, and a motion for a new trial was overruled. The motion alleged that the verdict was contrary to law and evidence, and that the court erred in admitting the following testimony of Jesse White: “The deed was made in…
1Opinion of the Court
Simmons, Justice.
We think the court erred in refusing to grant a new trial in this case. The deed put in evidence by Mrs. Sailors, the plaintiff in the court below, upon which to predicate a recovery, shows that the whole title to the land was in her husband and not in her. It conveys the title to C. O. Sailors, the husband, and warrants the same to him. The use is also declared “to him and their heirs, to his and their own proper use, benefit and behoof forever in fee simple.” It is true that in stating the consideration, it declares that “said White has for and in consideration of the sum…
2Cited by2 opinions
- McLaughlin v. CorcoranMontana Supreme Court · 1937
- Kemp v. StateSupreme Court of Georgia · 1904