Boyd Lumber Co. v. Mills
Supreme Court of Georgia
Equitable petition. Before Judge Cox. Grady superior court. March 6, 1916. E. M. Mills filed a petition against the Boyd Lumber Company and L. A. Boyd, alleging that he was the owner of certain timber which he sold to L. A. Boyd. The sale was negotiated by E. L. Lester as agent for Boyd.
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Equitable petition. Before Judge Cox. Grady superior court. March 6, 1916. E. M. Mills filed a petition against the Boyd Lumber Company and L. A. Boyd, alleging that he was the owner of certain timber which he sold to L. A. Boyd. The sale was negotiated by E. L. Lester as agent for Boyd. On receipt of the purchase-money, the plaintiff, desirous of taking a train which was due in a few minutes, at his own suggestion signed, sealed, and delivered to Lester as agent of Boyd a blank de_ed, with instructions to Lester to insert therein a description of the property. Lester filled in the blank, and…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. A deed executed in blank is void for lack of a subject-matter upon which it can operate. A grantor who delivers a paper in the form of a deed duly signed by him, which contains no description of the property intended to be conveyed, can not by parol,, after such delivery, authorize the grantee to fill in the description. The reason for this rule has been thus stated by Emerson, J., in Gilbert v. Anthony, 1 Yerger, 69 (24 Am. D. 439): “Deeds aré evidence of a higher nature than parol contracts, and there are great and important distinctions between the…
2Cases cited1 opinion
- Hadden v. LarnedSupreme Court of Georgia · 1891
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