Caldwell v. Hammons

Supreme Court of Georgia

Caldwell v. Hammons

40 Ga. 342

CourtSupreme Court of Georgia

DecidedDecember 15, 1869

StatusPublished

Cited by5 cases

This text of 40 Ga. 342 (Caldwell v. Hammons) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caldwell v. Hammons, 40 Ga. 342 (Ga. 1869).

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Opinion

Warner, J.

The deed set forth in the record appears to have been executed in consideration of marriage, and by a fair and liberal interpretation thereof, we think, it was the intention of thd donor to convey a life-estate only in the land to the donee, and not an absolute fee simple estate, and such, we think, is 'the legal effect of the deed, under the provisions of the Code, sections 2650, 2655. There was no error .in the Court below in overruling the demurrer to the bill.

Let the judgment of the Court below be affirmed.

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Warner, J.

The deed set forth in the record appears to have been executed in consideration of marriage, and by a fair and liberal interpretation thereof, we think, it was the intention of thd donor to convey a life-estate only in the land to the donee, and not an absolute fee simple estate, and such, we think, is 'the legal effect of the deed, under the provisions of the Code, sections 2650, 2655. There was no error .in the Court below in overruling the demurrer to the bill.

Let the judgment of the Court below be affirmed.

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Bluebook (online)

40 Ga. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-hammons-ga-1869.

Opinion

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