Galland v. Reuben

Supreme Court of Georgia

Galland v. Reuben

116 S.E. 302, 155 Ga. 293, 1923 Ga. LEXIS 55

CourtSupreme Court of Georgia

DecidedMarch 3, 1923

DocketNo. 3207

StatusPublished

Cited by2 cases

This text of 116 S.E. 302 (Galland v. Reuben) 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

Galland v. Reuben, 116 S.E. 302, 155 Ga. 293, 1923 Ga. LEXIS 55 (Ga. 1923).

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Opinion

Atkinson, J.

Under proper construction, the instrument conveyed all title of the grantor individually to the grantee. If any of the provisions granting broad powers to the trustee should be construed as retaining an interest in the grantor, such provisions, would be void as repugnant to the grant. Civil Code, §§ 3718, 3607; Lewman v. Owens, 132 Ga. 484 (64 S. E. 544); 18 C. J. 256, § 200. Under this view the deed executed at a time when the evidence does not show that the defendant was insolvent was sufficient to show that title had passed out of the grantor, and that the property in dispute did not vest in the assignee in bankruptcy. Consequently the judgment overruling the demurrer to the answer, and finding in favor of the defendant on the facts of the case, must be Affirmed.

All the Justices concur.

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Atkinson, J.

Under proper construction, the instrument conveyed all title of the grantor individually to the grantee. If any of the provisions granting broad powers to the trustee should be construed as retaining an interest in the grantor, such provisions, would be void as repugnant to the grant. Civil Code, §§ 3718, 3607; Lewman v. Owens, 132 Ga. 484 (64 S. E. 544); 18 C. J. 256, § 200. Under this view the deed executed at a time when the evidence does not show that the defendant was insolvent was sufficient to show that title had passed out of the grantor, and that the property in dispute did not vest in the assignee in bankruptcy. Consequently the judgment overruling the demurrer to the answer, and finding in favor of the defendant on the facts of the case, must be Affirmed.

All the Justices concur.

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Bluebook (online)

116 S.E. 302, 155 Ga. 293, 1923 Ga. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galland-v-reuben-ga-1923.

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