Collier v. Carter
Supreme Court of Georgia
Ejectment. Before Judge Thomas. Echols superior court. January 8, 1916. Ora Lee Carter and Mrs. Jennie Bell Carter brought an action of ejectment against John W. Collier individually, and as administrator of the estate of H. J. Collier, deceased. The verdict was for the plaintiffs. The defendant moved for a new trial, which was refused, and he excepted.
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Ejectment. Before Judge Thomas. Echols superior court. January 8, 1916. Ora Lee Carter and Mrs. Jennie Bell Carter brought an action of ejectment against John W. Collier individually, and as administrator of the estate of H. J. Collier, deceased. The verdict was for the plaintiffs. The defendant moved for a new trial, which was refused, and he excepted. Upon the trial the plaintiffs introduced in evidence a warranty deed from H. J. Collier to Ora Lee Carter and Mrs. Jennie Bell Carter, dated March 9, 1911, conveying the land in dispute. Among other things, the deed stipulated that it was “to…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) The decisive question in this case is, whether the instrument quoted in the statement of facts shall be construed as a deed, or as a will. • Was it intended to pass title to the property in presentí, with the right of possession postponed, or was it to be purely posthumous in its operation? Hnder the previous rulings of this court, as well as the great weight of modern authority in other jurisdictions, we think it clear that the instrument is a deed, with the right of possession postponed until the death of the grantor. The tendency of the earlier…
2Cases cited12 opinions
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
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- Isler v. GriffinSupreme Court of Georgia · 1910
- West v. WrightSupreme Court of Georgia · 1902
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3Cited by12 opinions
- Price v. GrossSupreme Court of Georgia · 1918
- Patellis v. TannerSupreme Court of Georgia · 1944
- Shelton v. EdenfieldSupreme Court of Georgia · 1918
- Montgomery v. ReevesSupreme Court of Georgia · 1929
- Young v. O'DonnellWashington Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.