Horton v. Murden
Supreme Court of Georgia
Complaint for land. Before Judge Lumpkin. Fulton superior court. January 23, 1902. Dave Horton and Maggie Horton, who was alleged to be the daughter of his deceased wife, Savannah Horton, brought suit against Murden for the recovery of a lot on Fortune street in the city of Atlanta, alleging that the property formerly belonged to Julia Reynolds; that she, having become in arrears for taxes on the lot, applied to Murden for money with which to pay the taxes, and that Horton…
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Complaint for land. Before Judge Lumpkin. Fulton superior court. January 23, 1902. Dave Horton and Maggie Horton, who was alleged to be the daughter of his deceased wife, Savannah Horton, brought suit against Murden for the recovery of a lot on Fortune street in the city of Atlanta, alleging that the property formerly belonged to Julia Reynolds; that she, having become in arrears for taxes on the lot, applied to Murden for money with which to pay the taxes, and that Horton advanced the necessary money; whereupon she executed a paper in these terms: “Atlanta, Ga., Sept. 15, 1876. I, Julia…
1Opinion of the CourtLamar, J.
1. Neither the name nor the mark of the maker was at the end of the instrument, nor in immediate proximity to each other; and the defendant insisted that the paper was not signed. It was admitted that the signature need not necessarily be at the end of the instrument, the Civil Code, § 3599, not requiring that deeds should be subscribed, but only signed. If a conveyance with the name at the beginning or in the body of the instrument, or after the attestation clause (Huff v. Huff, 41 Ga. 696), could be treated as signed, the same result would follow where the grantor was an illiterate and…
2Cases cited15 opinions
- Gillis v. GillisSupreme Court of Georgia · 1895
- Livesey v. Omaha Hotel Co.Nebraska Supreme Court · 1876
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Webb v. MullinsSupreme Court of Alabama · 1884
- Ray v. PeaseSupreme Court of Georgia · 1894
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3Cited by65 opinions
- Abercrombie v. SimmonsSupreme Court of Kansas · 1905
- McKevitt v. City of SacramentoCalifornia Court of Appeal · 1921
- Blumberg v. NathanSupreme Court of Georgia · 1940
- Singleton v. CloseSupreme Court of Georgia · 1908
- Cochran v. GrooverSupreme Court of Georgia · 1923
60 more not listed; retrieve them via the Exa API.