Smith v. Smith

Supreme Court of Georgia

Smith v. Smith

44 S.E.2d 486, 202 Ga. 759, 1947 Ga. LEXIS 512

CourtSupreme Court of Georgia

DecidedSeptember 5, 1947

Docket15924.

StatusPublished

Cited by5 cases

This text of 44 S.E.2d 486 (Smith v. Smith) 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

Smith v. Smith, 44 S.E.2d 486, 202 Ga. 759, 1947 Ga. LEXIS 512 (Ga. 1947).

Pincite

Opinion

Duckworth, Presiding Justice.

1. Delivery of a deed conveying real property is essential to its validity, and is complete only when the deed is accepted. Stallings v. Newton, 110 Ga. 875 (36 S. E. 227); Scarborough v. Holder, 127 Ga. 256, 261 (56 S. E. 293) ; Epps v. Heard, 168 Ga. 561, 564 (148 S. E. 336).

2. In the present case, where the controlling issue was as to whether there had been delivery to the plaintiffs in error, as grantees in a voluntary deed under which they claimed title against the administratrix of the deceased grantor, the evidence was sufficient to authorize the jury to find that delivery with acceptance had not been made, and to return the verdict in favor of the administratrix.

Judgment affirmed.

All the Justices concur, except Wyatt, J., who took no part in the consideration or decision of this case.

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