Durham v. Davison

118 S.E. 736, 156 Ga. 49, 1923 Ga. LEXIS 199
CourtSupreme Court of Georgia
DecidedJuly 12, 1923
DocketNos. 3419, 3421
StatusPublished
Cited by10 cases

This text of 118 S.E. 736 (Durham v. Davison) 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
Durham v. Davison, 118 S.E. 736, 156 Ga. 49, 1923 Ga. LEXIS 199 (Ga. 1923).

Opinion

Beck, P. J.

J. L. Durham and W. P. McWhorter brought their equitable petition against C. C. Davison, John T. Boswell and his wife, T. C. Davison, and Hal Davison, and prayed for a decree of specific performance of a contract for the sale of land. One of the controlling issues in the case is, whether or not the various writings contained a complete valid contract for the sale of the land in question, which satisfied the requirements of the law and the provisions of the statute of frauds. It is alleged that C. C. Davison, Mrs. John T. Boswell, Thomas Davison, and Hal Davison owned a tract of land in the village of Woodville, Greene County, Georgia, and in an advertisement published in a newspaper of the county offered the land for sale; that the offer was accepted by the plaintiffs in certain writings consisting of letters and telegrams; and that the advertisement and-writings referred to, construed together, constituted a binding contract in .writing for the sale of the land to the plaintiffs, who accepted the offer made. Whether this contention is well founded depends upon whether or not the land is sufficiently described in the advertisement referred to. That advertisement reads as follows:

“Farm for Bent or Sale. 382 acres in village of Woodville, Greene County, Ga., 35 miles south of Athens, 100 miles east of Atlanta, on Georgia Railroad; high school and church, two-story residence, good water, 7 tenant-houses, fruits, nuts, oak, pine, hickory, poplar and other wood; Bermuda grass pasture, soil varied with clay subsoil, and adapted to general farming, stock raising, dairying, fruit and nut culture; good crops of cotton (no boll-weevil), corn, peas, peanuts, cane, hay, etc., this year. 5 or six horses cleared. Bent, lease, or sale to responsible party.
[51]*51“ C. C. Davison, Mgr., Cuthbert, Ga., or John T. Boswell, Greensboro, Ga.”

Questions similar to that here presented have been discussed in various decisions of this court, especially in cases where the sufficiency of description in deeds has been under consideration; and what was said in those cases in regard to the sufficiency of deeds' of conveyance is applicable to the issues here presented. For, if the description in the advertisement was not sufficient in definiteness to meet the requirements of the description of the land if sold by conveyance, it is not sufficient here to make a complete and valid contract for the sale of the land. After a careful consideration of the description of the lands which the plaintiffs claim the defendants offered to sell them, we have reached the conclusion that it was insufficient to meet the requirements of the law. • In the case of Luttrell v. Whitehead, 121 Ga. 699 (49 S. E. 691), it was said: “The description is too vague and indefinite, for tire deed to have effect as a conveyance of title. It neither indicates the shape of the tract nor the metes and bounds of the land purporting to be conveyed. A deed is not invalid where the description is imperfect, if the instrument refers to extrinsic data by means of which the land may be identified. Likewise an ambiguous descriptive clause may be aided by aliunde evidence. But such imperfect or ambiguous descriptions must not be confounded with a description utterly lacking in definiteness. A deed which fails to describe any particular land or to furnish any key to the confines of the land purporting to be conveyed is void.” And in the case of Huntress v. Portwood, 116 Ga. 351 (42 S. E. 513), wherein this court had under consideration a deed containing the following description of a tract of land: “ All that tract or parcel of land situated, lying and being in said State and county (Taliaferro), containing two hundred acres, more or less, bounded as follows: on north by land of E. I. Anderson; on east by lands of. Daniel Evans, colored; on south by land of Addison Ogletree; on west land said Absalom G. Evans and Mary E. Evans,” after ruling that the instrument passed no title because the deed failed to identify any particular tract of land, said: “ It is, of course, inferable that he and his wife intended to convey to their son, R. 0. Evans, a parcel of land approximating in quantity 200 acres and constituting a portion of the homestead estate. The difficulty is, [52]*52that they did not specify any boundary line, or lines, between the land they intended to convey'' and that which they intended to reserve.” Of course it .must not be inferred from the quotation that the court there held, or that we are now holding, that the description of the land conveyed, in order to satisfy the requirements of the law, must specify certain boundaries or boundary lines, or that all the owners of contiguous lands must be named, or that any of them must be named; for a general description, though ambiguous, may suffice, if the ambiguities can be cleared up, or the complete description be supplied by aliunde evidence. Deeds conveying “my home place,” or “the home place of A.,” or “my Little Eiver plantation,” have been held to be sufficient to admit aliunde evidence to make the description free from ambiguity, or make it definite. But, as was remarked in the case of Luttrell v. Whitehead, supra, the insufficient or ambiguous description must not be confounded with the description lacking in definiteness. The key to the confines of the lands purporting to be conveyed must be in the deed itself or in the contract for the sale of lands, where a written contract is relied upon; and where such general words are used as, “my home place,” or “the old Johnson homestead,” these words, though general, contain the key to the confines. But the lines of the tract of land sought to be conveyed, or the key to these lines must appear in the writing, or the deed fails to pass title. See also, in this connection, Edenfield v. Milner, 138 Ga. 402 (75 S. E. 319), and Tippins v. Phillips, 123 Ga. 415 (51 S. E. 410).

In the case of Crawford v. Verner, 122 Ga. 814 (50 S. E. 958), it was said: “ One essential of a deed is that the description of the premises sought to be thereby conveyed must be sufficiently full and definite to afford means of identification. While it is not necessary that the instrument should embody a minute or perfectly accurate description of the land, yet it must furnish the key to the identification of the land' intended to be conveyed by the grantor. If the premises are so referred to as to indicate his intention to convey a particular tract of land, extrinsic evidence is admissible to show the precise location and boundaries of such tract. The test as to the sufficiency of the description of property contained in a deed is whether or not it discloses with sufficient certainty what the intention of the grantor was with respect to the [53]*53quantity and location of the land therein referred to, so that its identification is practicable.

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Bluebook (online)
118 S.E. 736, 156 Ga. 49, 1923 Ga. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durham-v-davison-ga-1923.