Allen v. Lindsey

• Decision Date: 15 April 1913
• Citation: 77 S.E. 1054,139 Ga. 648
• Parties: ALLEN et al. v. LINDSEY.
• Court: Georgia Supreme Court

77 S.E. 1054

139 Ga. 648

ALLEN et al. v. LINDSEY.

Supreme Court of Georgia

April 15, 1913

Syllabus by the Court.

A deed executed by C. A. Lindsey in 1867, which purported to convey land described as "the following tract or parcel of land, to wit, two hundred and forty-five (245) acres lying and being in the county of Butts, known as the place whereon the said C. A. Lindsey now resides," is not void for uncertainty in description.

Subsequently to the execution and record of the deed referred to in the preceding note, the grantor died in 1868, leaving as his heirs his widow, the grantee named in the deed, and certain children. All of the heirs in 1872 entered into a written contract which recited the names of the several heirs, and declared that "we *** do hereby contract and agree among ourselves, all being of the age of twenty-one years and capable of contracting for ourselves, to the following as a fair and equal distribution of the land belonging to said estate, the same being situated, lying, and being in the county and state aforesaid, containing 245 acres more or less, the said Julia consenting to take one-third of the said lands to be held by her under the law of dower in said estate and under the same limitations and restrictions of dower as though the same had been assigned to her under a proper proceeding in court for that purpose; that is to say, the said widow consenting, and we the undersigned agreeing, that she shall take the following described portion of said land containing eighty-one acres more or less, and upon which is situated the dwelling house of said deceased. The description of the metes and bounds of her parcel is as follows: *** And we consent and agree...