Martin v. Heard

Notwithstanding the court’s express declaration (Division 1 of the opinion) that the deed is not to be reformed to conform to the option, this court has conformed the deed to the option. The rules stated in Division 1 of the opinion ought to be applicable to this court as well as the trial courts.

A usufruct is the right to use and enjoy property of another. State v. Davison, 198 Ga. 27, 37 (31 SE2d 225) (1944). Hence a tenant is said to have a usufruct in the land of his landlord, — a right to use and enjoy. Code § 61-101. However, a right to use and enjoy another’s property may arise between…