Mcmichael v. Cook, 10096.

• Decision Date: 11 July 1934
• Docket Number: No. 10096.,10096.
• Parties: McMICHAEL. v. COOK et al.
• Court: Georgia Supreme Court

179 Ga. 155

175 S.E. 489

McMICHAEL.

v.COOK et al.

No. 10096.

Supreme Court of Georgia.

July 11, 1934.

Syllabus by the Court.

In the deed on which the plaintiff in this suit for recovery of land relied to show title in herself, the granting clause is as follows: "Hath bargained and sold and by these presents doth release and forever quitclaim to the said Susan McMichael, my heirs and assigns, all the right, title, interest, " etc., in the land described. Susan McMichael was the wife of the grantor, and the plaintiff is the child of the grantor and Susan. There were three other children, whose interests the plaintiff purchased. Held, that the grant was to Susan McMichael and the children as tenants in common. All that is in the habendum clause relative to the nature of the interest conveyed to the wife and children is reconcilable with the language quoted from the granting clause.

Error from Superior Court, Macon County; W. M. Harper, Judge.

Suit by Lottie McMichael against E. W. Cook and another. To review a judgment dismissing her petition, plaintiff brings error.

Reversed.

Gilbert C. Robinson, of Montezuma, and J. S. Averill, Jr., of Columbia, S. C, for plaintiff in error.

Homer Beeland, of Reynolds, and Jule Felton, of Montezuma, for defendants in error.

BECK, Presiding Justice.

Lottie McMichael brought suit against E. W. Cook and Ellis G. Windham to recover a four-fifths undivided interest in certain land described in the petition, and alleged that she claimed title under the following facts, to wit: "That on the 27th day of September, 1883, David McMichael made and executed a quitclaim deed, conveying said land to Susan McMichael, and my heirs by the said Susan McMichael." A copy of the deed was attached to the petition as an exhibit. Susan McMichael was the wife of David McMichael; petitioner being a daughter of David and Susan. It was also alleged that the plaintiff had bought the interests of the other children of David and Susan McMichael. The defendant filed an answer, and moved to dismiss the petition on the ground-that it failed to set out a cause of action. The judge sustained this motion, and the plaintiff excepted. The language of the deed, in the granting part, is as follows: "Hath bargained and sold and by these presents doth release and forever quitclaim to the said Susan McMichael,. my heirs and assigns, all the right, title, interest, " etc., in the land described. And the habendum clause in the deed was: "To have and to hold the said bargained premises to the said Susan...