From Casetext: Smarter Legal Research

Smith v. Smith

Supreme Court of Georgia
Oct 17, 1947
44 S.E.2d 486 (Ga. 1947)

Opinion

15924.

SEPTEMBER 5, 1947. REHEARING DENIED OCTOBER 17, 1947.

Claim to land. Before Judge Edwards. Oglethorpe Superior Court. May 17, 1947.

Z. B. Rogers and Earle Norman, for plaintiffs in error.

Hamilton McWhorter, Carroll D. Colley, and W. A. Slaton, contra.


1. Delivery of a deed conveying real property is essential to its validity, and is complete only when the deed is accepted. Stallings v. Newton, 110 Ga. 875 ( 36 S.E. 227); Scarborough v. Holder, 127 Ga. 256, 261 ( 56 S.E. 293); Epps v. Heard, 168 Ga. 561, 564 ( 148 S.E. 336).

2. In the present case, where the controlling issue was as to whether there had been delivery to the plaintiffs in error, as grantees in a voluntary deed under which they claimed title against the administratrix of the deceased grantor, the evidence was sufficient to authorize the jury to find that delivery with acceptance had not been made, and to return the verdict in favor of the administratrix.

Judgment affirmed. All the Justices concur, except Wyatt, J., who took no part in the consideration or decision of this case.

No. 15924. SEPTEMBER 5, 1947. REHEARING DENIED OCTOBER 17, 1947.


Summaries of

Smith v. Smith

Supreme Court of Georgia
Oct 17, 1947
44 S.E.2d 486 (Ga. 1947)
Case details for

Smith v. Smith

Case Details

Full title:SMITH et al. v. SMITH, administratrix

Court:Supreme Court of Georgia

Date published: Oct 17, 1947

Citations

44 S.E.2d 486 (Ga. 1947)
202 Ga. 759

Citing Cases

Woods v. Independent Fire Ins. Co.

Id. at 47. It is clear from the comments of the plaintiff and his mother that a jury could have found that…

Kirby v. Johnson

Delivery of a deed conveying realty is essential to its validity. Code, § 29-101; Smith v. Smith, 202 Ga. 759…