Martin v. Williams
Supreme Court of Georgia
Complaint, in Terrell Superior Court. Tried before Judge Kiddoo, at September Term, 1858. This was an action of complaint brought by the plaintiff in error against the defendant in error, for lot of land number-244, in the third district of originally Lee, but now Terrell county.
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Complaint, in Terrell Superior Court. Tried before Judge Kiddoo, at September Term, 1858. This was an action of complaint brought by the plaintiff in error against the defendant in error, for lot of land number-244, in the third district of originally Lee, but now Terrell county. Plaintiff introduced in evidence, a grant from the State of Georgia to one Faulkner, to the aforesaid lot of land, and also several deeds, forming a complete chain of title, beginning with the State, and ending with himself. Among the deeds so introduced by plaintiff, was one from Reuben Hill to John Rawls, conveying…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The question in this case is this : A. makes a deed to a *407tract of land to B., in April, 1834, which is recorded in 1840. In July, 1834, A. sells the same land to C., who records his deed in 1S36. Which vendee will hold the land ?
The Act of 1837 declares, that where the same person conveys the same land to different persons, if both deeds are recorded in time, or neither, that the oldest deed shall be preferred. But that Act applies, in terms, only to deeds thereafter to be made. Was the law different before 1837? We rather think not.
It is…
2Cited by3 opinions
- Wadley Lumber Co. v. LottSupreme Court of Georgia · 1908
- Davis v. HardenSupreme Court of Georgia · 1915
- Randall v. HamiltonSupreme Court of Georgia · 1923