Tanner v. White
Supreme Court of Georgia
Intervention. Before Judge Highsmith. Jeff Davis superior court. August 20, 1915.' Mrs. Annie White filed, her petition against her father, Elias Hinson, alleging, that in July, 1910, the defendant gave to her a certain tract of land and promised to execute to her a fee-simple deed to the same; that she accepted the gift, took actual possession of the land, and held it continuously to the date of filing suit, and her possession was adverse to the claims of all persons…
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Intervention. Before Judge Highsmith. Jeff Davis superior court. August 20, 1915.' Mrs. Annie White filed, her petition against her father, Elias Hinson, alleging, that in July, 1910, the defendant gave to her a certain tract of land and promised to execute to her a fee-simple deed to the same; that she accepted the gift, took actual possession of the land, and held it continuously to the date of filing suit, and her possession was adverse to the claims of all persons whomsoever; 'that when the defendant made the gift he reserved the right to the timber upon the land, suitable for turpentine…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) We are of the opinion that the court erred in sustaining the general demurrer to the petition of B. H. Tanner. If his allegations are true, the suit between Mrs. White and Hinson was collusive' and designed to effect a fraudulent transfer of the property. Tanner was a purchaser who had paid a valuable consideration for the property. Mrs. White was a donee, and sought to have specific performance of her father’s promise to give her the property. She was not entitled to a deed under a decree of specific performance as against one who was a purchaser for a…
2Cases cited3 opinions
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Phillips v. WessonSupreme Court of Georgia · 1854
- Allen v. MitchellSupreme Court of Georgia · 1915
3Cited by3 opinions
- Williamson v. HaddockSupreme Court of Georgia · 1927
- Landis v. Glessner (Et Al.)Superior Court of Pennsylvania · 1938
- Geriner v. Branigar Organization, Inc.Supreme Court of Georgia · 1997