Harry v. Griffin
| Decision Date | 14 October 1953 |
| Docket Number | No. 18343,18343 |
| Parties | HARRY v. GRIFFIN et al. |
| Court | Georgia Supreme Court |
W. S. Allen, Greenville, for plaintiff in error.
George C. Kennedy, H. Briscoe Black, Manchester, for defendants in error.
Syllabus Opinion by the Court.
Mrs. Mabel Harry instituted a suit in equity against Mrs. Annie Mary Griffin, individually, and also against her and three other named persons as sole heirs at law of A. G. Griffin, deceased. As amended, her petition alleges: The plaintiff, by a warranty deed which she executed and delivered on December 8, 1944, conveyed to A. G. Griffin a described house and lot in Meriwether County, the consideration expressed and receipted for in the deed being $2,750. A copy of her deed is attached to and made a part of the petition, the habendum clause of which recites: 'To Have and to Hold, the said bargained premises, together with all and singular the rights, members and appurtenances thereof, to the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of the said party of the second part, his heirs and assigns, forever in fee simple.' She accepted her grantee's check for the purchase price, but discovered on August 12, 1952, that the check had not been paid by the bank on which it was drawn due to an error in the preparation of it by the maker thereof. A. G. Griffin, by security deed, conveyed the property purchased from her to the Meriwether Federal Savings and Loan Association of Manchester, Georgia, 'and plaintiff admits that said Meriwether Federal Savings and Loan Association is an innocent purchaser for value and without notice of plaintiff's right, title and interest in said property, to the extent of the balance due on the indebtedness for which said security deed was given.' A. G. Griffin died intestate and his equity in the house and lot together with other property was set apart as a year's support to Mrs. Annie Mary Griffin, his widow, at the September term, 1950, of the Court of Ordinary of Meriwether County, and she is now in possession of the property. The estate of A. G. Griffin is insolvent, unrepresented, and the plaintiff, not being a creditor, is without authority to apply for letters of administration on his estate. The prayers are for process; that the plaintiff's deed to A. G. Griffin be canceled except as to the security deed executed by him to the Meriwether Federal Savings and Loan Association to the extent of the balance due on the indebtedness for which such security deed was given; that the judgment setting apart a year's support to the defendant Mrs. Griffin be declared null and void and of no effect; and that she be granted every equitable right available to her under the facts as pleaded. The...
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Morris v. Johnson
...was not actually paid. It creates an obligation to pay that sum, which can be enforced by the other party.' Recently, in Harry v. Griffin, 210 Ga. 133(1), 78 S.E.2d 37, where the record shows the allegations as to consideration to be very similar to those here, this court refused cancellati......
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Knight v. Department of Transp.
...of which they do not dispute. In any event, failure to pay the recited consideration will not alone void the deed. Harry v. Griffin, 210 Ga. 133, 78 S.E.2d 37 (1953). b. Nor is the deed void for mutual mistake, the alleged mistake being failure to know that the highway would not be built. T......
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Department of Transp. v. Knight
...the consideration was the benefit to other lands of grantor was meaningless. This, however, does not void the deed. Harry v. Griffin, 210 Ga. 133(1), 78 S.E.2d 37 (1953). The record shows that other consideration was paid and accepted. The omission of the word 'bargained' from the granting ......
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State, by Pai v. Thom
...223, 225 (1888); Desert Centers Inc. v. Glen Canyon, Inc., 11 Utah 2d 166, 356 P.2d 286 (1960). As the court in Harry v. Griffin, 210 Ga. 133, at 133, 78 S.E.2d 37, 38 (1953), succinctly As between the grantor and the grantee, in the absence of fraud, any sum paid or contracted to be paid i......