Roe v. Maund

Supreme Court of Georgia

Roe v. Maund

48 Ga. 461

CourtSupreme Court of Georgia

DecidedJanuary 15, 1873

StatusPublished

Cited by2 cases

This text of 48 Ga. 461 (Roe v. Maund) 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

Roe v. Maund, 48 Ga. 461 (Ga. 1873).

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Opinion

Trippe, Judge.

1. The principle that the oldest deed has precedence over a subsequent deed, when neither is registered within twelve months of its execution, although the junior deed be recorded first, has been decided and recognized in 10 Georgia, 253; 13, Ibid., 1; 25 Ibid., 648 ; 29 Ibid., 440 ; 33 Ibid., 565; See Code, section 2663.

2. There was no evidence in the record to show that the title which was conveyed out of the grantee by the oldest deed should not prevail. The plaintiff .could recover only on the strength of his own title, and if defendant showed a prior deed from the grantee to another vendee, it was evidence that there was a better title than plaintiff’s vendor held.

Judgment reversed and new trial granted.

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Trippe, Judge.

1. The principle that the oldest deed has precedence over a subsequent deed, when neither is registered within twelve months of its execution, although the junior deed be recorded first, has been decided and recognized in 10 Georgia, 253; 13, Ibid., 1; 25 Ibid., 648 ; 29 Ibid., 440 ; 33 Ibid., 565; See Code, section 2663.

2. There was no evidence in the record to show that the title which was conveyed out of the grantee by the oldest deed should not prevail. The plaintiff .could recover only on the strength of his own title, and if defendant showed a prior deed from the grantee to another vendee, it was evidence that there was a better title than plaintiff’s vendor held.

Judgment reversed and new trial granted.

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Bluebook (online)

48 Ga. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roe-v-maund-ga-1873.

Opinion

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