Adair v. Davis
Supreme Court of Georgia
Husband and Wife. Title. Registration. Notice. Before E. N. Broyles, Esq., Judge pro hae vice. Pulton County. At Chambers. February 19,1883. • • Mrs. Mary A. Davis filed her bill against George W. Adair, the Cincinnati and Georgia Railroad, and others? claiming a one-ninth interest in a certain lot, with the improvements thereon, and alleging that the railroad company had purchased it and were proceeding to tear down the residence thereon.
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Husband and Wife. Title. Registration. Notice. Before E. N. Broyles, Esq., Judge pro hae vice. Pulton County. At Chambers. February 19,1883. • • Mrs. Mary A. Davis filed her bill against George W. Adair, the Cincinnati and Georgia Railroad, and others? claiming a one-ninth interest in a certain lot, with the improvements thereon, and alleging that the railroad company had purchased it and were proceeding to tear down the residence thereon. The prayer was for injunction, and for a sale of the property, and payment to her of her interest in the proceeds. The railroad company denied her title,…
1Opinion of the Court
Jackson, Chief Justice.
The question on which this case turns is, does a voluntary settlement by a husband on his wife, recorded not within three months from date, as prescribed by statute (Code §1778), but actually recorded before a deed to a purchaser for value by the husband, take or prevail,in preference to the deed for value ? It seems to us that the statute itself answers the question in favor of the voluntary settlement of the husband. It declares that, On failure to re. cord within three months, “ such contract or settlement shall not be of any force or effect against a purchaser or…
2Cases cited1 opinion
- Ector v. EctorSupreme Court of Georgia · 1858