Jones v. Brown

• Citation: 119 S.E. 624,156 Ga. 452
• Decision Date: 25 September 1923
• Docket Number: 3500.
• Parties: JONES v. BROWN ET AL.
• Court: Georgia Supreme Court

119 S.E. 624

156 Ga. 452

JONES v. BROWN ET AL.

No. 3500.

Supreme Court of Georgia

September 25, 1923

Syllabus by the Court.

Mrs Rebecca A. Jones executed a deed to Lanier University, dated May 20, 1918, purporting to convey two described tracts of land. In the first part of the deed the consideration was stated to be "$1,000 in hand paid." The tracts were separately described in two distinct "items." At the conclusion of the second "item" it was stated "Right to the use of the dwelling and premises described in item one of this deed is hereby reserved, for and during the natural life of either or both Mrs. R. A. Jones or her sister, Miss S. A. Brown." Then followed other clauses such as are usually employed in warranty deeds of absolute conveyance. Mrs. Jones and Lanier University entered into a written contract dated May 11, 1914, which was signed by both of the parties, and attested, as deeds to realty are required to be executed. It is stated in the contract that Mrs. Jones transfers to the university the two tracts of land above referred to declaring that they are "better described in deed hereto attached." The tract described in item one of the deed was transferred at a valuation of $5,000 and the tract described in item two was transferred at a valuation of $1,400. Certain promissory notes were also transferred at a valuation of $1,220; making a total of $7,620. The consideration expressed for such transfers was the interest Mrs. Jones feels in the cause of education, and her desire to aid Lanier University in the prosecution of its work "and in the consideration of the covenants hereinafter set forth, and other good and sufficient consideration." Other covenants were: "The said Lanier University further agrees to give the use of the home or as much as the home of the said party of the first part as long as she lives, use to be free from all expenses to her in rents taxes, and insurance. Said university further agrees, if party of the first part passes away before her sister, Sarah A. Brown, then said Sarah A. Brown is to have free use of the home as long as she lives. The use of the home to be recorded as part of the annuity named in this contract to the extent of $100 per year, the total annuity being $568 per annum; * * * that the said party of the second part is to pay the said party of the first part for and during the term of her natural life an annuity of $568 per annum, said annuity to be paid in equal semiannual installments on the 1st day of January and the 1st day of July each succeeding year so long as she lives, and, in case said Sarah A. Brown should survive said Mrs. R. A. Jones said annuity to be paid to said Sarah A. Brown as long as she lives. * * * The said Lanier University accepts the payments of $7,620 so made it upon the terms above stated, and agrees and binds itself, its successors and assigns, to pay to said party of the first part for and during the term of her natural life the said annuities herein above stated as long as she lives, and to said Sarah A. Brown, should she survive the said Mrs. R. A Jones." After the execution of the deed and contract Mrs. Jones and her sister continued to reside in the home described in "item" one of the deed. After execution of the deed, Lanier University executed a security deed to Mrs. Carolyn Brown, conveying the home place as security for a loan of $2,500, and became insolvent. Mrs Brown reduced her demand to judgment against Lanier University and caused the home place to be levied upon under a fi. fa., based on the judgment. The levy was made expressly "subject to the right of occupancy, and the use of the dwelling and premises during the natural life of Mrs. R. A. Jones." ...