Butt v. Jackson
| Citation | 97 S.E. 854,148 Ga. 672 |
| Decision Date | 15 January 1919 |
| Docket Number | 967. |
| Parties | BUTT ET AL. v. JACKSON. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
A deed executed in 1908, granting certain land to the wife of the grantor and his "children by her born and to be born, their heirs and assigns," upon the expressed consideration of the love and affection the grantor bore to his wife and his children by her, and $500 paid to the grantor, conveyed an absolute fee in common to the wife and her children by the grantor, then in life. Plant v. Plant, 122 Ga. 764, 50 S.E. 961, and cit.; Beauchamp v. Fitzpatrick, 133 Ga. 412, 65 S.E. 884.
Where an execution against the wife was levied on the land, and a claim of a two-thirds undivided interest therein was interposed by the next friend of the two children living at the time of the execution of the deed, the court did not err in directing a verdict finding a two-thirds undivided interest in the land not subject to the execution.
Error from Superior Court, Marion County; G. H. Howard, Judge.
Proceedings in execution by N. B. Butt and others with claim by M. J. Jackson, next friend, etc. Directed verdict for claimants and plaintiffs bring error. Affirmed.
W. B. Short and John C. Butt, both of Buena Vista, for plaintiffs in error.
Geo. P. Munro and T. B. Rainey, both of Buena Vista, for defendant in error.
Judgment affirmed.
All the Justices concur.
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McMichael v. Cook
...the opinion that the children of David and Susan McMichael were to take as tenants in common with their mother. In Butt v. Jackson, 148 Ga. 672, 97 S.E. 854, it was held: "A deed executed in 1908, granting certain land to the wife of the grantor [175 S.E. 490.] and his 'children by her born......
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Mcmichael v. Cook, 10096.
...the opinion that the children of David and Susan McMichael were to take as tenants in common with their mother. In Butt v. Jackson, 148 Ga. 672, 97 S. E. 854, it was held: "A deed executed in 1908, granting certain land to the wife of the gran-tor and his 'children by her horn and to be bor......