Kirby v. Johnson

Atkinson, Presiding Justice.

(After stating the foregoing facts.) Delivery of a deed conveying realty is essential to its validity. Code, § 29-101; Smith v. Smith, 202 Ga. 759 (1), (44 S. E. 2d, 486). Taking the allegations of the present petition to be true, as must be done in considering the general demurrer, the averment that the “petitioner has possession of such instrument of writing and has retained its possession since its execution” constitutes an allegation that the instrument had not been delivered.

The prima facie presumption of delivery of a deed, arising from the fact of its…