Moody v. Moody

Supreme Court of Georgia

Moody v. Moody

244 S.E.2d 875, 241 Ga. 286, 1978 Ga. LEXIS 979

CourtSupreme Court of Georgia

DecidedApril 27, 1978

Docket33424

StatusPublished

Cited by5 cases

This text of 244 S.E.2d 875 (Moody v. Moody) 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

Moody v. Moody, 244 S.E.2d 875, 241 Ga. 286, 1978 Ga. LEXIS 979 (Ga. 1978).

Pincite

Opinion

Hall, Justice.

Appellant filed suit in equity to set aside a deed by which his mother conveyed certain real estate to his brother, alleging fraud, inadequacy of consideration, and nondelivery. This appeal is from the judgment entered on a jury verdict for appellee.

1. Appellant’s first three enumerations of error are without merit. The fact that a deed is not recorded, and may not be recordable for lack of attestation does not render it invalid, nor inadmissible in evidence if the proper foundation is laid. Allgood v. Allgood, 230 Ga. 312, 313 (196 SE2d 888) (1973).

2. There was no error in failing to give the requested charge, since the court charged the applicable principle in its own words.

3. Appellant cannot complain of the failure to give charges without request, since the failures complained of *287 are not substantial or harmful as a matter of law. Code § 70-207 (a, c); McGarr v. McGarr, 239 Ga. 640 (1) (238 SE2d 427)(1977).

Submitted March 24, 1978 Decided April 27, 1978. Kenneth R. Keene, for appellant. Larry W. Fowler, Charles Brown, for appellee.

Judgment affirmed.

All the Justices concur.

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